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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.
115/2015/ND-CP
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Hanoi,
November 11, 2015
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DECREE
GUIDANCE
ON THE LAW ON SOCIAL INSURANCE REGARDING COMPULSORY SOCIAL INSURANCE
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on social
insurance dated November 20, 2014;
Pursuant to Resolution No.
93/2015/QH13 dated June 22, 2015 of the National Assembly on implementation of
policy on lump-sum payout of social insurance benefits to employees;
At the request of the Minister
of Labor, War Invalids and Social Affairs,
The Government promulgates a
Decree on guidance on the Law on social insurance regarding compulsory social
insurance.
Chapter I
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Article 1. Scope
This Decree provides guidance on
the Law on Social insurance in terms of compulsory social insurance applied to
officials, civil servants and Vietnamese employees working under labor
contracts.
Article 2. Regulated entities
1. Employees are Vietnamese
citizens who participate in compulsory social insurance as prescribed in this
Decree, 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 of 3 months
and under 12 months, including also labor contracts signed between employers
and legal 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 of 1 month and under 3 months;
c) Officials and civil servants as
prescribed in legislation on officials and civil servants;
d) National defense workers, public
security workers and persons doing other jobs in cipher organizations;
dd) Salaried managers of
enterprises and cooperatives;
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g) Persons on spouse benefit in
overseas Vietnamese representative missions prescribed in Clause 4 Article 123
of the Law on Social insurance.
2. Vietnamese guest workers
prescribed in the Law on Vietnamese guest workers participating compulsory
social insurance as prescribed in this Decree shall apply the following
contracts:
a) The guest worker contracts
concluded with enterprises providing guest worker services or with non-business
organizations licensed to send workers abroad;
b) The guest worker contracts
concluded with contract-winning or -receiving enterprises or with
outward-investing organizations or individuals that send workers abroad.
c) The guest worker contracts in
the form of skill-improvement internship contracts, concluded with enterprises
sending workers abroad for internship to improve their skills;
d) Individual contracts.
The persons prescribed in Clause 1
and Clause 2 of this Article hereinafter are referred to as employees.
3. Employees prescribed in this
Decree shall participate in every type of compulsory social insurance, excluding
employees prescribed in Points e and g of Clause 1 and Points a, c and d Clause
2 of this Article that only participate in the type of retirement and
survivorship.
4. Employees prescribed in Points a
and b Clause 1 of this Article that are domestic workers and employees
prescribed in Clause 1 of this Article that receive the following pension
salaries, monthly social insurance benefit and monthly benefit shall not be the
participants of compulsory social insurance:
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b) The people on monthly benefit prescribed
in Decree No. 09/1998/ND-CP dated January 23, 1998 of the Government on
amendments to Decree No. 50/CP dated July 26, 1995 of the Government on
subsistence for officials of communes;
c) The people on monthly benefit for
working capacity loss;
d) The people on monthly benefit prescribed
in Decision No. 91/2000/QD-TTg dated August 4, 2000 of the Prime Minister on benefit
for people above the working age upon the expiration of monthly benefit for
working capacity loss (hereinafter referred to as Decision No. 91/2000/QD-TTg);
Decision No. 613/QD-TTg dated May 6, 2010 of the Prime Minister on monthly benefit
for people having 15 year- or 20 year- working experience upon the expiration
of monthly benefit for working capacity loss (hereinafter referred to as
613/QD-TTg);
dd) The soldiers, police officers
and the people working in cipher organizations on monthly benefit prescribed in
Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on
policies applied to soldiers fought in Resistance War against the American
Empire to Save the Nation with under-20 year experience in the army that was
demobilized; Decision No. 38/2010/QD-TTg dated May 6, 2010 of the Prime
Minister on amendments to Decision No. 142/2008/QD-TTg dated October 27, 2008
of the Prime Minister on policies applied to soldiers fought in Resistance War
against the American Empire to Save the Nation with under-20 year experience in
the army that was demobilized; Decision No. 53/2010/QD-TTg dated August 20,
2010 of the Prime Minister on policies applied to officials and Peoples’ Public
Security soldiers fought in Resistance War against the American Empire to Save
the Nation with under-20 year experience in the Public Security that was
demobilized; and Decision No. 62/2011/QD-TTg dated November 9, 2011 of the
Prime Minister on policies applied to people fought in the Ward to Save the
Nation, fulfilled international duties in Cambodia and Laos after April 30,
1975 that was demobilized or ceased work.
5. The employers prescribed in
Clause 3 Article 2 of the Law on Social insurance.
6. Agencies, organizations, and
individuals involved in compulsory social insurance.
Chapter II
TYPES OF COMPULSORY SOCIAL INSURANCE
Section 1. MATERNITY BENEFIT FOR
FEMALE EMPLOYEES AS SURROGATE MOTHERS AND INTENDED MOTHERS
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The maternity benefit for female
employees prescribed in Clause 1 Article 35 of the Law on Social insurance as
follows:
1. Each female employee as
surrogate mother (hereinafter referred to as the surrogate mother) who is
contributing to the fund of sickness and maternity of the compulsory social
insurance shall be entitled to take leaves for 5 prenatal check-ups, one day
for each check-up; the employee who lives far from health facilities or have
pathological signs or abnormal pregnancy is entitled to take a two-day leave
for each prenatal check-up.
The leave period specified in this
Clause shall be counted in working days, excluding public holidays, New Year
holidays and weekly days off.
2. Each surrogate mother who is
contributing to the fund of sickness and maternity of the compulsory social
insurance shall be entitled to take a maternity leave as prescribed by a
competent health establishment when getting miscarriage, abortion, stillbirth
or pathological abortion. 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 longer.
The maternity leave period
specified in this Article is inclusive of public holidays, New Year holidays
and weekly days off.
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a) A lump-sum benefit equaling
2-month base salary for each child in the month of childbirth;
b) The maternity leave until the
time of relinquishing the child to the intended mother, with the leave period
not exceeding the period prescribed in Clause 1 Article 34 of the Law on Social
insurance;
In case the maternity leave period
from the date of childbirth to the time of relinquishing the child is shorter
than 60 days, the surrogate mother is entitled to continue enjoying the
maternity benefit until such leave period reaches full of 60 days, including
public holidays, New Year holidays and weekly days off.
The time relinquishing the child to
the intended mother is the time mentioned in the document certifying the time
relinquishing the child between the surrogate mother and the intended mother.
c) Each surrogate mother whose
health has not yet recovered within the first 30 working days after the
maternity leave period specified in Clause 2, Point b Clause 3 of this Article,
is entitled to take leave for convalescence and health rehabilitation as
prescribed in Article 41 of the Law on Social insurance, unless she terminates
the labor contract or quit job before the time of childbirth.
4. When the surrogate mother gives
birth, her husband, who is currently paying compulsory social insurance to the
fund of sickness and maternity social insurance whose is entitled to a
maternity leave as prescribed in Clause 2 Article 34 of the Law on Social
insurance.
5. The maternity benefit levels for
the surrogate mother shall be granted as prescribed in Article 39 of the Law on
Social insurance and determined according to the average of salaries of 6
months preceding the leave on which social insurance is paid.
If the surrogate mother has paid social
insurance for only under 6 months, the benefit level under the maternity
benefit specified in Clause 1 and Clause 2 of this Article is the average of
salaries of the months for which social insurance has been paid.
6. The maternity leave period of 14
working days or longer in a month shall be regarded as a period of social
insurance payment. During this period, the surrogate and the employer are not
required to pay social insurance.
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Article 4. Maternity benefit for
female employees as intended mothers
The maternity benefit for the
female employee as intended mother (hereinafter referred to as intended mother)
prescribed in Clause 2 Article 35 of the Law on Social insurance as follows:
1. If the intended mother has paid
compulsory social insurance to the fund of sickness and maternity for 6 months
or longer within 12 months until the time of receiving the child, she is
entitled to the following regimes:
a) A lump-sum payout equaling
2-month base salary for each child in the month of childbirth if the surrogate
mother fails to pay compulsory social insurance premiums or satisfy
requirements prescribed in Clause 3 Article 3 of this Decree;
If the surrogate mother and the
intended mother do not pay compulsory social insurance or do not satisfy
requirements prescribed in Clause 3 Article 3 of this Decree, the husband of
the intended mother, who is paying compulsory social insurance to the fund of
sickness and maternity shall be entitled to a lump-sum payout equaling 2-month
base salary in the month of childbirth.
b) Taking maternity leave from the
time of receiving child until the child is 6 months of age. If the intended
mother has twins or more infants, she is entitled to an additional leave of 1
month for each infant from the second child;
If the intended does not take leave
under Clause 4 of this Article, she is entitled to not only his/her salary but
also the maternity benefit as prescribed.
c) In case the intended mother dies
or her health declines that makes her unable to care for the child when the
child is not enough 6 months of age, as certified by a competent health
facility, the father or the direct fosterer is entitled to a maternity leave for
the remaining period applicable to the mother as specified in Point b of this
Clause;
d) If the father or the direct
fosterer who is covered by social insurance does not take leave under Point c
of this Clause is entitled to not only his/her salary but also the maternity benefit
for the remaining period applicable to the mother as specified in Point b of
this Clause;
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2. The maternity benefit levels for
the intended mother shall be granted as prescribed in Article 39 of the Law on
Social insurance and determined according to the average of salaries of 6
months preceding the leave on which social insurance is paid.
3. The maternity leave period of 14
working days or longer in a month shall be regarded as a period of social
insurance payment. During this period, the intended mother and the employer are
not required to pay social insurance.
If the intended mother terminates
the labor contract or quits job before the time of receiving child, the maternity
leave period shall not be regarded as a period of social insurance payment.
Article 5. Procedures for
maternity benefit claim applicable to surrogate mothers and intended mothers
1. A claim for maternity benefit
applicable to surrogate mother getting prenatal check-ups, miscarriage,
abortion, stillbirth or pathological abortion includes:
a) A certificate of maternity leave
eligible for social insurance benefit in case of outpatient treatment, or an
original or a copy of the hospital discharge paper, in case of inpatient
treatment;
b) The list of employees taking
maternity leave made by the employer.
2. A claim for maternity benefit
applicable to surrogate mother upon her childbirth includes:
a) A copy of the agreement on
altruistic gestational surrogacy prescribed in Article 96 of the Law on
marriage and families 2014; a document certifying the time of relinquishing the
child between the intended mother and the surrogate mother;
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c) The list of employees taking
maternity leave made by the employer;
d) A copy of the child’s death
certificate, in case the child dies whereas the maternity leave period is
shorter than 60 days;
dd) A copy of the mother’s medical
record or hospital discharges paper in case the child dies after birth without
being granted the birth certificate;
e) A copy of the surrogate mother’s
death certificate, in case the mother dies in childbirth;
g) A competent health facility’s
document certifying that the surrogate mother has to take leave for pregnancy
care.
3. A claim for convalescence and
health rehabilitation benefit after maternity leave applicable to the surrogate
mother shall be made as prescribed in Article 103 of the Law on Social
insurance.
4. A claim for maternity benefit
applicable to the intended mother upon the childbirth includes:
a) A copy of the agreement on
altruistic gestational surrogacy prescribed in Article 96 of the Law on
marriage and families 2014; a document certifying the time of relinquishing the
child between the intended mother and the surrogate mother;
b) A copy of the birth registration
certificate or birth certificate of the child;
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e) A copy of the intended mother’s
death certificate, in case the mother dies in childbirth;
dd) A document certifying that the
intended mother’s declining health making her unable to care for the child issue
by a competent health facility;
e) A copy of the child’s death
certificate, in case the child dies whereas he/she is not enough 6 months of
age.
5. Each claim for maternity benefit
applicable to the surrogate mother’s husband shall be prescribed in Clause 4
Article 101 of the Law on Social insurance as follows.
6. The claim pay for maternity
benefit applicable to the surrogate mother and the intended mother shall be
implemented as prescribed in Article 102 of the Law on Social insurance.
a) The employee shall submit the
claim prescribed in Point a Clause 1, Points a, c, d, dd, e and g Clause 2 and
Points a, b, d, dd and e Clause 4 and Clause 5 of this Article to the employer
within 45 days from the first day at work after leave.
If the employee terminates the
labor contract or quits job before the childbirth or the time of receiving
child, he/she shall submit the claim and present the social insurance book to
the social security agency at his/her residence.
b) Within 10 days from the date on
which the adequate claim is received, the employer must prepare the claim
prescribed in Clauses 1, 2, 3, 4 and 5 of this Article and submit it to the
social security agency.
c) The social security agency shall
pay benefit to the employee within 10 days from the date on which the adequate
claim is received from the employer. Within 5 working days from the date on
which the adequate claim is received from the employee who terminates the labor
contract or quits job before the childbirth or the time of receiving child, the
social security agency shall pay benefit to the employee.
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7. If the social insurance agency
fails to pay benefit by the prescribed deadline, the Article 116 of the Law on
Social insurance shall apply.
Section 2. RETIREMENT BENEFIT
Article 6. Conditions for
pension enjoyment
1. Each employee who is 50 years of
age or older and has paid social insurance for 20 years or longer, including 15
years working in coal mines shall be entitled to a pension as prescribed in
Point c Clause 1 Article 54 of the Law on Social insurance. The coal-mine works
shall be prescribed in by the Minister of Labor, War Invalids and Social
Affairs.
2. Each employee who is infected
with HIV/AIDS due to occupational risks and has paid social insurance for 20
years or longer shall be entitled to a pension.
Article 7. Monthly pension
The monthly pension prescribed in
Article 56 of the Law on Social insurance as follows:
1. The monthly pension of an
employee equals his monthly pension rate multiplied by (x) the average monthly
salary as the basis for social insurance payment.
2. The monthly pension rate of the
employee who fully satisfies the conditions for pension prescribed in Article
54 of the Law on Social insurance shall be determined as follows:
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b) From January 1, 2018, each
retired female employee shall be entitled to a monthly pension rate of 45%
equivalent to 15 years of social insurance payment, which shall be added with
2% for each additional year of social insurance payment provided that the
maximum rate is 75%;
c) From January 1, 2018, each
retired male employee shall be entitled to a monthly pension rate of 45%
equivalent to the number of years of social insurance payment in the below
table, which shall be added with 2% for each additional year of social
insurance payment provided that the maximum rate is 75%.
Retired
year
Number
of years of social insurance payment corresponding to the pension rate of 45%
2018
16
years
2019
17
years
2020
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2021
19
years
From
2022
20
years
3. The statutory retirement ages as
the basis for determination of the number of years of early retirement on which
a decrease in pension rate prescribed in Clause 3 Article 56 of the Law on
Social insurance shall be based as follows:
a) The statutory retirement ages of
employees, in the normal working condition prescribed in Point a Clause 1
Article 54 of the Law on Social insurance, shall be 60 years of age for males
and 55 years of age for females;
b) The statutory retirement ages of
employees, in the heavy, harmful or dangerous working condition or extremely
heavy, harmful or dangerous working condition or in areas with a region-based
allowance coefficient of 0.7 or higher, shall be 55 years of age for males and
50 years of age for females;
c) The statutory retirement age of
employees working in coal mines prescribed in Clause 1 Article 6 of this Decree
shall be 50 years of age;
d) If the day and the month of
birth of an employee are unidentifiable according to his/her documents, the
January 1st of his/her year of birth shall be based to determine the
number of years of early retirement.
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1. Each employee defined in Clause
1 and Clause 2 Article 2 of this Decree is entitled to a lump-sum social
insurance payout upon request if they fall in any of the following cases:
a) He/she reaches the statutory
retirement age specified Clauses 1, 2 and 4 Article 54 of the Law on Social
insurance but has paid social insurance for under 20 years or he/she reaches
the statutory retirement age specified Clause 3 Article 54 of the Law on Social
insurance but has paid social insurance for under 15 years and does not
continue paying voluntary social insurance;
b) He/she has not paid social
insurance for under 20 years and does not continue paying social insurance
after 1-year work ceasing.
c) He/she settles abroad;
d) He/she suffers 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
payout shall be calculated based on the number of years of social insurance
payment; for each year of payment they are entitled to:
a) 1.5-month average monthly salary
as the basis for social insurance payment, for the years of payment prior to
2014;
b) 2-month average monthly salary
as the basis for social insurance payment, for the years of payment since 2014;
c) In case the period of social
insurance payment (hereinafter referred to as payment period) is under 1 year,
the social insurance benefit must equal the paid amount but must not exceed
2-month average monthly salary as the basis for social insurance payment.
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4. The time for claiming the
lump-sum payout is the time stated in decisions of social security agencies.
5. The claim for lump-sum social
insurance payout shall be prescribed in Article 109 and Clauses 3 and 4 Article
110 of the Law on Social insurance.
Article 9. Average monthly
salary as the basis for social insurance payment for determination of pension
or lump-sum benefit
Average monthly salary as the basis
for social insurance payment for determination of pension and lump-sum benefit
prescribed in Article 62 of the Law on Social insurance (hereinafter referred
to as average monthly salary) shall be determined as follows:
1. Each employee subject to the
State-prescribed salary regime and having the entire period of social insurance
payment under this salary regime, his/her payment period shall be determined as
follows:
a) The last 5 years prior to
retirement if he/she begins paying social insurance before January 1, 1995;
b) The last 6 years prior to
retirement if he/she begins paying social insurance between January 1, 1995 and
December 31, 2000;
c) The last 8 years prior to
retirement if he/she begins paying social insurance between January 1, 2001 and
December 31, 2006;
d) The last 10 years prior to
retirement if he/she begins paying social insurance between January 1, 2007 and
December 31, 2015;
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e) The last 20 years prior to
retirement if he/she begins paying social insurance between January 1, 2020 and
December 31, 2024;
g) The entire payment period if
he/she begins paying social insurance from January 1, 2025.
2. Each employee who has the entire
payment period the employer-decided salary regime, the average monthly salary
as the basis for social insurance payment of the entire period shall apply.
3. Each employee who have both a
payment period under the State-prescribed salary regime and a payment period
under the employer-decided salary regime, the average monthly salary as the
basis for social insurance payment of these periods shall apply, which for the
payment period under the State-prescribed salary regime specified in Clause 1
of this Article shall begin from the time of paying compulsory social
insurance. If the above payment period is shorter than the periods prescribed
in Clause 1 of this Article, the average month salary of the former period
shall still apply.
4. When an employee having a
payment period of 15 years or longer according to the salary paid for any of
the following jobs changes to another job having lower salary for which the
social insurance is paid, his/her monthly average salary as the basis for
pension equals the highest salary in the jobs prescribed in the below Point a
or the salary paid before changing new job corresponding to the number of years
prescribed in Clause 1 of this Article:
a) Extremely heavy, hazardous or
dangerous jobs and heavy, hazardous or dangerous jobs in the pay scale and
salary scale set by the State;
b) Officers or professional soldiers
in the people's army, professional and technical officers in the people's
police, cipher officers who are salaried like people's army or police personnel
before switching to work in agencies, organizations, units or enterprises where
they are subject to the salary regime set by the State.
5. Each employee having the payment
period applied the salary regime by the State before October 1, 2004 that
claims for social insurance from January 1, 2016 shall have his/her monthly
salary as the basis for social insurance payment changed to the salary regime regulations
at the work ceasing time.
6. When an employee that is subject
to the salary regime set by the State and has paid social insurance including
seniority pay changes to another job not entitled to seniority pay and the
monthly salary as the basis for social insurance payment for pension
determination does not include seniority pay, his/her average monthly salary as
the basis for social insurance payment at the retirement time plus seniority pay(if
eligible), corresponding to the payment period, may be changed to the salary
regime prescribed in the retirement time for the pension determination.
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Article 10. Adjustment of
salaries for which social insurance have been paid
The adjustment of salaries for
which social insurance premiums have been paid prescribed in Article 63 of the
Law on Social insurance shall be prescribed as follows:
1. Salaries for which social
insurance payment premiums have been paid for calculation of the average
monthly salary as the basis for social insurance payment for employees subject
to salary regime set by the State shall be adjusted based on the basic salary
at the time of enjoying the retirement regime, for employees paying social
insurance premiums prior to January 1, 2016.
Each employee starting
participating in social insurance from January 1, 2016 shall have his/her
monthly salaries for which social insurance have been paid adjusted for calculation
of the monthly salary as the basis for social insurance payment as prescribed
in Clause 2 of this Article.
2. Salaries for which social
insurance premiums have been paid for calculation of the average monthly salary
as the basis for social insurance payment applicable to employees subject to
salary regime set by employers shall be adjusted as follows:
Post-adjusting
monthly salary as the basis for social insurance payment of a year
=
Monthly
salary as the basis for social insurance payment applicable to an employee
subject to salary regime set by employer of the year
x
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a) The adjusting rate of salaries
for which social insurance have been paid shall be calculated according to the
average consumer price index (CPI) of the year in the below formula:
Adjusting
rate of salaries for which social insurance have been paid in the year t
=
Average
CPI of the year preceding the year of claiming social insurance (compared
with the average CPI of 100% of 1994)
Average
CPI of the year t (compared with the average CPI of 100% of 1994)
Where:
- t is any of years in the
adjustment period;
- The adjusting rate of salaries
for which social insurance has been paid of the year t shall be rounded
to two decimal places and the lowest rate is 1 (one)
b) The adjusting rate of salaries
for which social insurance have been paid of the years prior to 1995 shall
equal the adjusting rate of salaries for which social insurance have been paid
of 1994.
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Article 11. Retirement benefit
for employees paying voluntary social insurance
Retirement benefit for each
employee paying voluntary social insurance prescribed in Article 71 of the Law
on Social insurance as follows:
1. The period over which the
retirement benefit is paid is total payment periods of voluntary and compulsory
social insurance.
2. Each employee having a total
payment period of voluntary and compulsory social insurance of 20 years or
longer shall have the standard retirement age of 60 years of age for male and
55 years of age for female, excluding the cases prescribed in Clause 5 of this
Article.
3. The monthly pension of an
employee equals his monthly pension rate multiplied by (x) the average monthly income
as the basis for social insurance payment prescribed in Clause 4 of this
Article.
4. The average monthly income as
the basis for social insurance payment for determination of pension and
lump-sum allowance shall be:
Average
monthly income as the basis for social insurance payment
=
Total
monthly income as the basis for voluntary social insurance payment
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Average
monthly income as the basis for compulsory social insurance payment
x
Total
number of months over which compulsory social insurance is paid
Total
number of months over which voluntary social insurance is paid
+
Total
number of months over which compulsory social insurance is paid
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Where:
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- The average monthly salary as the
basis for voluntary social insurance payment shall be the monthly income for
which the voluntary social insurance has been paid which is adjusted as
prescribed in Clause 2 Article 79 of the Law on Social insurance.
5. Regarding each employee having
paid compulsory social insurance for 20 months or longer:
a) His/her standard retirement
shall be prescribed in Clauses 1, 2 and 4 of Article 54 and Article 55 of the
Law on Social insurance and Article 6 of this Decree;
b) His/her lowest monthly pension
shall equal the base salary, excluding entity prescribed in Point e Clause 1
Article 2 of this Decree.
6. The lump-sum benefit upon
retirement shall be calculated as prescribed in Article 58 of the Law on Social
insurance, each year of social insurance payment in excess of the number of
years corresponding to the 75% pension rate shall be expressed as 0.5 month of
the average monthly salary as the basis for social insurance payment prescribed
in Clause 4 of this Article.
7. The lump-sum social insurance
payout for employees shall be prescribed in Article 8 of this Decree. The
lump-sum social insurance payout shall be calculated according to the average
monthly salary as the basis for social insurance payment prescribed in Clause 4
of this Article.
Section 3. SURVIVORS BENEFIT
Article 12. Survivors benefit
for relatives of employees paying voluntary social insurance
The survivors benefit for relatives
of an employee paying voluntary social insurance prescribed in Article 71 of
the Law on Social insurance shall be prescribed as follows:
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2. When any of the following
employees dies, the persons who take charge of their funeral are entitled to a
lump-sum funeral benefit worth 10-month base salary:
a) The employee who has paid
compulsory social insurance for 12 months or longer;
b) The employee who has paid both
compulsory and voluntary social insurance for 60 months or longer;
c) The employee who dies of a labor
accident or an occupational disease or dies during treatment due to a labor
accident or an occupational disease;
d) The person who is on pension or
monthly labor accident or occupational disease benefit and has ceased working.
3. When the persons defined in
Clause 2 of this Article are declared dead by the court, their relatives are
entitled to the funeral benefit worth 10-month base salary in the month of
declaration.
4. When an employee defined in any
of the following cases, dies, his/her relatives meeting requirements prescribed
in Clause 2 and Clause 3 Article 67 of the Law on Social insurance are entitled
to a monthly survivor benefit:
a) He/she has paid social insurance
for 15 years or longer;
If the employee has only paid
social insurance for 14 years and 6 months or longer but not enough 15 years,
his/her relatives may continue paying the social insurance to the fund of
retirement and survivorship with the premium equaling 22% of the employee’s monthly
salary as the basis for social insurance payment before his/her death;
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c) He/she is on monthly labor
accident or occupational disease benefit for their working capacity decrease of
61% or more;
d) He/she is on pension and his/her
period of compulsory social insurance payment is 15 years or longer.
The levels of monthly survivor
benefit shall be prescribed in Article 68 of the Law on Social insurance.
5. Relatives of the employee
defined in Clause 1 of this Article who are entitled to a lump-sum survivor
benefit include:
a) The employee does not fall in
any of the cases in Clause 4 of this Article;
b) The employee falls in one of the
cases specified in Clause 4 of this Article but have no relative eligible for
the monthly survivor benefit as defined in Clause 2 and Clause 3 Article 67 of
the Law on Social insurance;
c) His/her relatives who are
entitled to the monthly survivor benefit as defined in Clause 2 and Clause 3
Article 67 wish to receive a lump-sum survivor benefit, except under-6
children, children or spouses suffering a working capacity decrease of 81% or
more.
6. Levels of lump-sum survivor
benefit:
a) The lump-sum survivor benefit
for relatives of an employee who is paying social insurance or of an employee
who has his/her period of social insurance premium payment preserved shall be
calculated as prescribed in Clause 1 Article 70 of the Law on Social insurance
and the average monthly income mentioned in Clause 4 Article 11 of this Decree.
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c) The lump-sum survivor benefit
for relatives of an employee who is on monthly labor accident or occupational
disease benefit for their working capacity decrease of 61% or more and has not
claimed a lump-sum social insurance payout shall be prescribed similarly to an
employee who has his/her period of social insurance premium payment preserved.
The lump-sum survivor benefit for
an employee who is on monthly labor accident or occupational disease benefit and
claimed a lump-sum social insurance payout shall equal 3-month labor accident
or occupational disease benefit.
Article 13. Survivor benefit for
persons on monthly pension, working capacity loss benefit, labor
accident or occupational disease benefit and survivor benefit
1. If a person on pension before
January 1, 2016 dies from January 1, 2016, the persons who take charge of
his/her funeral are entitled to a lump-sum funeral benefit worth 10-month base
salary determined in the month when he/she dies, and his/her relatives are
entitled to monthly survivor benefit or a lump-sum benefit as prescribed in
Section 5 Chapter III of the Law on Social insurance and Section 3 Chapter II
of this Decree.
2. If a person on monthly benefit of
working capacity loss before January 1, 2016 dies from January 1, 2016:
a) The persons who take charge of
his/her funeral are entitled to a lump-sum funeral benefit worth 10-month base
salary determined in the month when he/she dies;
b) His/her relatives prescribed in
Clause 2 Article 67 of the Law on Social insurance shall be entitled to monthly
survivor benefit as prescribed in Article 68 of the Law on Social insurance. If
the person has no relative eligible for the monthly survivor benefit, the
relatives shall be entitled to a lump-sum survivor benefit equaling 3-month
working capacity loss benefit before his/her death.
3. If a person on monthly labor
accident or occupational disease benefit ceases his/her work before January 1,
2016 and dies from January 1, 2016, the persons who take charge of his/her
funeral are entitled to a lump-sum funeral benefit worth 10-month base salary
determined in the month when he/she dies, and his/her relatives are entitled to
survivor benefit as follows:
c) Upon the death of a person who
is on monthly labor accident or occupational disease benefit for their working
capacity decrease of 61% or more, his/her relatives meeting requirements
prescribed in Clause 2 and Clause 3 Article 67 of the Law on Social insurance
shall be entitled to monthly survivor benefit;
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4. Upon the death of a person who
is on both monthly pension and labor accident or occupational disease, his/her
relatives shall be entitled to survivor benefit similarly to the benefit for a
dead person who is on pension.
5. Each under-18 relative who is on
monthly survivor benefit before January 1, 2016 shall continue receiving
monthly survivor benefit until 18 years of age, unless he/she suffers decreased
work capacity of 81% or higher.
Article 14. Monthly survivor
benefit for other relatives and lump-sum survivor benefit
1. An under-18 relative other than
the persons prescribed in Point d Clause 2 Article 67 of the Law on Social
insurance shall be eligible for monthly survivor benefit until 18 years of age,
regardless of his/her decreased work capacity of 81% or higher.
2. In case there are many relatives
eligible for a lump-sum survivor benefit, they shall assign a representative
receiving the survivor benefit in writing.
Chapter III
SOCIAL INSURANCE FUND
Article 15. Levels and methods
of payment of persons on spouse benefit in overseas Vietnamese representative
missions
1. Each employee prescribed in
Point g Clause 1 Article 2 of this Decree, during the spouse benefit in a
Vietnamese representative mission, shall pay monthly premiums to the fund of
retirement and survivor fund of social insurance as follows:
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b) The monthly premium shall equal
22% of 2-month base salary, if the employee has not paid compulsory social insurance
or has paid compulsory social insurance but he/she has received the lump-sum
social insurance payout.
2. The payment applied to employees
prescribed in Point g Clause 1 Article 2 of this Decree shall be made once
every 3 months, every 6 months or every 12 months or in a lump sum.
3. The senior agencies or
organizations of officials having spouses must:
a) Collect the premiums of
compulsory social insurance from their spouses prescribed in Clause 1 and
Clause 2 of this Article to contribute to the fund of retirement and survivorship;
b) Carry out the procedures for
social insurance registration prescribed in Clause 1 Article 97 and Clause 1
Article 99 of the Law on Social insurance.
Article 16. Suspension from
payment of compulsory social insurance
Suspension from payment of
compulsory social insurance prescribed in the Law on Social insurance is
specified as follows:
1. The cases of suspension of
payment to the fund of retirement and survivorship:
a) Suspend business operation in 1
month or longer because the employers meet with difficulties due to their
structural or technical changes, or economic crisis or recession, or economic
restructuring according to state policies or international commitments.
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2. Conditions for suspension of
payment to the fund of retirement and survivorship:
Each employer, under any of the
cases prescribed in Clause 1 of this Article and satisfying any of the following
conditions, shall be entitled to suspend payment to the fund of retirement and
survivorship:
a) Failing to provide works for
employees, in which there are 50% or more of total employees determined before
the business suspension that are subject to social insurance;
b) Suffering damage of 50% of total
assets' value due to natural disasters, conflagration, epidemic diseases, or
bad harvest (excluding land value).
3. Period of suspension of payment
to the fund of retirement and survivorship:
a) The period of suspension of
payment to the fund of retirement and survivorship not exceeding 12 months. In
the period of suspension of payment to the fund of retirement and survivorship,
the employer must still contribute to the fund of sickness and maternity and
the fund of occupational accidents and occupational diseases.
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.
b) Upon the expiration of
suspension period prescribed in Point a of this Clause, the employer and the
employee shall continue paying social insurance and make a supplementary
payment for such suspension period, the supplementary amount shall not be
charged late-payment interest prescribed in Clause 3 Article 122 of the Law on
Social insurance.
4. The social security agency shall
accept the suspension from payment to the fund of retirement and survivorship
applied for by the employee and employer meeting requirements prescribed in
Clauses 1, 2 and 3 of this Article. The time of suspension from payment to the fund
of retirement and survivorship shall be from the month in which the written
request for suspension submitted by the employer is received.
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a) If an employee prescribed in
Clause 1 Article 2 of this Decree who is put in temporary detention, the
employee and his/her employer shall be entitled to suspend social insurance
payment;
b) After the expiration of the
temporary detention period, if the competent agency concludes that the employee
suffers a miscarriage of justice; supplementary payment shall be made for the
detention period.
In case the employee is an
official, a civil servant, a public employee, a national defense worker, a
public security worker or a person doing other jobs in a cipher organization,
the employee and his/her employer must pay supplementary social insurance.
In other case, the supplementary
payment shall be made by an authority responsible for compensation prescribed
in the Law on State compensation liability through the employer;
c) The supplementary amount paid
for the suspension period shall not be charged late-payment interest under
Clause 3 Article 122 of the Law on Social insurance;
d) In case the competent authority
finds the employee guilty, it is not required to make supplementary payment of
social insurance for the temporary detention period.
6. Each guest worker prescribed in
Clause 2 Article 2 of this Decree that loses job temporarily certified by the
enterprise provide guest worker services, such unemployment period shall be
entitled to suspension from payment to the fund of retirement and survivorship.
After the temporary unemployment,
if the employee returns to work, he/she shall continue paying social insurance
as prescribed without paying supplementary social insurance the temporary
unemployment.
7. The Minister of Labor, War
Invalids and Social Affairs shall stipulate competence to and procedures for
determination of number of employees on social insurance that in temporary
unemployment and damaged asset value prescribed in Clause 2 of this Article.
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For each employee who pays social
insurance premiums according to the salary regime by the employer, his monthly
salary as the basis for social insurance payment prescribed in Clause 2 Article
89 of the Law on Social insurance shall be determined as follows:
1. From January 1, 2016 to December
31, 2017, the monthly salary as the basis for social insurance payment will be
the salary plus salary-based benefit mentioned in the labor contract as
prescribed in the labor law.
2. From January 1, 2016 to December
31, 2017, the monthly salary as the basis for social insurance payment will be
the salary plus salary-based benefit mentioned in the labor contract as
prescribed in the labor law.
3. The monthly salary as the basis
for social insurance payment applied to each enterprise management receiving
salary prescribed in Point dd Clause 1 Article 2 of this Decree will be the
salary decided by the enterprise, other than managers in state-owned single
member limited companies.
The monthly salary as the basis for
social insurance payment applied to each manager of cooperatives receiving
salary prescribed in dd Clause 1 Article 2 of this Decree will be the salary
decided by the member’s meeting.
Article 18. Collection of
monthly salary as the basis for compulsory social insurance payment in arrears
The collection of monthly salary as
the basis for compulsory social insurance payment in arrears prescribed in
Clause 4 Article 89 of the Law on Social insurance applied to employees and
employers other than the cases prescribed in Clause 3 Article 122 of the Law on
Social insurance shall be carried as follows:
1. The monthly salary as the basis
for compulsory social insurance payment in arrears applied to employees and
employers shall be collected in any of the following cases:
a) Increasing the monthly salary of
an employee as the basis for social insurance payment
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2. The arrear amount of social
insurance shall be determined as follows:
a) Regarding the cases prescribed
in Clause 1 of this Article, the arrear amount shall not be charged the
late-payment interest.
After 6 months from the date on
which the decision on increase in monthly salary as the basis for social
insurance payment or termination of the guest worker labor contract, the social
insurance in arrears shall include the compulsory social insurance payable as
prescribed and charged interest.
b) The interest equals the average
interest rate of investment from the social insurance fund in the year
preceding the year in which the arrears are collected.
3. The employer must fully pay
social insurance, unemployment insurance, and insurance late-payment interest
for an employee meeting requirements for social insurance claim or terminating
labor contract to settle social insurance and unemployment insurance for the
employee.
Article 19. Investment
activities of the social insurance fund
1. Management Board of Vietnam
Social Security shall decide and take responsibility for the forms of
investment and investment structure of the social insurance to the Government
at the request of social security agency.
2. Vietnam Social Security shall
adopt measures for preservation and development of the social insurance fund according
to the decision of the Management board of social insurance. The investment
activities of the social insurance fund must be safe, effective and
recoverable.
3. The profit from the investment
activities of the social insurance fund shall be transferred to the social insurance
fund and paid for administrative expenses of social insurance.
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TRANSITIONAL REGULATIONS
Article 20. Transitional
regulations applicable to persons on monthly pension, working capacity loss benefit,
labor accident or occupational disease benefit and monthly benefit before
January 1, 2016
1. Each person on monthly pension,
working capacity loss benefit, labor accident or occupational disease benefit, each
official of communes ceasing work on monthly benefit, and each person who is no
longer eligible for monthly benefit for working capacity loss and on monthly benefit
before January 1, 2016 shall still comply with regulations before January 1,
2016 and their benefit shall be adjusted by the Government.
2. Any person prescribed in Clause
1 of this Article that is suspended from receiving social insurance payout
before January 1, 2016 shall be entitled to continue receiving social insurance
payout following the regulations before January 1, 2016.
Article 21. Region-based
allowance applicable to persons eligible for social insurance payout
1. Regulated entities
a) Employees ceasing work that are
eligible for a pension or a lump-sum social insurance payout or die from
January 1, 2016 and have paid social insurance including region-based allowance
before January 1, 2007;
b) Persons on monthly pension,
working capacity loss benefit, labor accident or occupational disease benefit before
January 1, 2016 who is on region-based allowance at their permanent residence.
2. Benefits
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If an employee having paid social
insurance including region-based allowance dies from January 1, 2016 without
receiving pension or a lump-sum social insurance payout, his/her relatives
shall be entitled to receive both survivor benefit as prescribed and a lump-sum
benefit corresponding to the payment period and premiums for region-based benefit
in the social insurance.
b) Persons on monthly pension,
working capacity loss benefit, labor accident or occupational disease benefit before
January 1, 2016 who is on region-based allowance at their permanent residence
shall be continue receiving their current allowance (not adjusting according to
the base salary) until there are new regulations promulgated by the Government.
A person on monthly pension,
working capacity loss benefit, labor accident or occupational disease benefit before
January 1, 2016 who is on region-based allowance at his/her permanent residence
but moving to another permanent residence shall be eligible for new
region-based allowance from January 1, 2016; if the new permanent residence not
eligible for region-based allowance, he/she may not receive any region-based
allowance.
A person on monthly pension,
working capacity loss benefit, labor accident or occupational disease benefit before
January 1, 2016 who is not on region-based allowance at his/her permanent
residence but moving to another permanent residence eligible for new
region-based allowance from January 1, 2016; he/she still may not receive any region-based
allowance.
3. Determination of lump-sum benefit:
Regarding the case prescribed in
Point a Clause 2 of this Article, the lump-sum benefit shall be determined according
to the period, rate of premiums paid to the fund of retirement and
survivorship, coefficient of region-based allowance and the base salary at the
payout time. The coefficient of region-based allowance shall be determined as
follows:
a) Regarding the payment period
from January 1, 1995 to December 31, 2006, the coefficient of region-based
allowance as the basis for determination of the lump-sum benefit is the actual
coefficient of region-based as the basis for the social insurance payment;
b) Regarding the working period
before January 1, 1995, the coefficient of region-based allowance shall be
determined according to each province and organization as prescribed in law on
region-based allowance;
c) Regarding the serving period at the
battlefield B, C before April 30, 1975 and at the battlefield K before August
31, 1989, the coefficient of region-based allowance of 0.7 for lump-sum
allowance shall apply.
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a) Government budget shall cover
lump-sum benefit granted to persons having working period at the place eligible
for region-based allowance before January 1, 1995; region-based allowance
granted to persons on monthly pension, working capacity loss allowance, labor
accident or occupational disease benefit ensured by government budget;
b) Social insurance fund shall
cover lump-sum benefit granted to persons having working period from January 1,
1995 insurance region-based allowance; and region-based allowance granted to
persons on monthly pension, working capacity loss benefit, labor accident or
occupational disease benefit ensured by social insurance fund.
Article 22. Benefit for
employees on sickness benefit due to diseases requiring long-term treatment
before January 1, 2016
Each employee who is taking sick
leave mentioned in the List of diseases requiring long-term treatment
promulgated by the Ministry of Health and receiving sickness benefit before
January 1, 2016 and continues receiving sickness benefit, the regulations on
sickness benefit promulgated before January 1, 2016 shall continue applying.
Article 23. Determination of
working period as the basis for social insurance payout before January 1, 1995
1. Each employee has a continuous
working period in public service before January 1, 1995 but has not received
severance pay or lump-sum benefit, or lump-sum social insurance payout, such
period shall be considered as the period of social insurance payment. In
particular:
a) Each employee has an
uninterrupted working period in public service until January 1, 1995 but has
not received severance pay or lump-sum benefit, or lump-sum social insurance
payout, such period shall be considered as the period of social insurance
payment;
b) Each employee has an interrupted
working period or ceased work before January 1, 1995, his working period as the
basis for social insurance payout shall apply to documents on determination of
working period promulgated before January 1, 1995, other than Article 3 of
Decree No. 66/CP dated September 30, 21993 of the Government on temporary
regulations on social insurance benefits for the armed forces, Article 3 of
Decree No. 43/CP dated June 22, 1993 of the Government on temporary regulations
on social insurance; Article 54 of Charter of social insurance issued together
with Decree No. 12/CP dated January 26, 1995; Article 49 of Charter of social
insurance for commissioned officers, professional soldiers, non-commissioned
officers, soldiers of People's Army and People’s Public security issued
together with Decree No. 45/CP dated July 15, 1995 of the Government and Clause
4 Article 139 of the Law on Social insurance 2006.
c) Each person on the sick soldier benefit
that has worked and paid social insurance shall be eligible for both sick
soldier benefit and social insurance benefits. The period as the basis for
social insurance payout shall be the period of social insurance payment,
exclusive of the serving period as the basis for sick solider benefit.
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a) Decision No. 47/2002/QD-TTg
dated April 11, 2002 of the Prime Minister on benefits for soldiers, national
defenses workers fought for Resistance War Against France that are demobilized
before December 31, 1960;
b) Point a Clause 1 Article 1 of
Decision No. 290/2005/QD-TTg dated November 8, 2005 of the Prime Minister on
benefits and policies applied to entities directly fought in Resistance War
against the American Empire to Save the Nation without receiving any benefit or
policy of the Communist Party and the State;
c) Decision No. 92/2005/QD-TTg
dated April 29, 2005 of the Prime Minister on benefits for soldiers being
minority ethnics in Military zone 7 or 9 that fought in the Resistance War
against America and returned before January 10, 1982;
d) Decision No. 142/2008/QD-TTg
dated October 27, 2008 of the Prime Minister on benefits for soldiers fought in
the Resistance War against the American Empire to Save the Nation that has 20-year
serving period in military that are demobilized;
dd) Decision No. 38/2010/QD-TTg
dated May 6, 2010 of the Prime Minister on amendments to Decision No.
142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on benefits for
soldiers fought in the Resistance War against the American Empire to Save the
Nation that have under-20-year serving period in military that are demobilized;
e) Decision No. 53/2010/QD-TTg dated
August 20, 2010 of the Prime Minister on benefits for officers and soldiers of
People's Public Security fought in the Resistance War Against America that have
under-20-year serving in military that are demobilized;
g) Decision No. 62/2011/QD-TTg dated
November 9, 2011 of the Prime Minister on policies applied to people fought in
the Ward to Save the Nation and fulfilled international duties in Cambodia and
Laos after April 30, 1975 that was demobilized.
Each soldier or people’s police
demobilized from December 15, 1993 to December 31, 1994 that has not received
severance pay or lump-sum benefit, demobilization benefit, lump-sum social
insurance payout, his/her serving period in the people’s army or people's
public security shall be included in the period as the basis for social
insurance payout.
3. Each employee who has worked in
public service but has ceased work from November 1, 1987 until January 1, 1995
because his/her employer fails to create vacancies and has not received
severance pay or lump-sum social insurance payout but his/her name is still
included in the list of employees in such employer until December 31, 1994, his
previous working period shall be included in the period as the basis for social
insurance payout.
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a) The working period in Vietnam
before taking the business or study trip abroad and the permitted overseas
period shall be included in the period as the basis for retirement or survivor
benefit payout if the employee has not received severance pay, lump-sum benefit,
demobilization benefit or lump-sum social insurance payout before January 1,
1995.
The determination of working period
as the basis for social insurance payout before January 1, 1995 shall comply
with Clauses 1, 2 and 3 of this Article;
b) The working period from January
1, 1995 shall be included in the period as the basis for social insurance
payout if the employee has paid social insurance but has not received lump-sum
social insurance payout or demobilization benefit.
5. Each guest worker, after
returning to Vietnam, continues paying compulsory social insurance, his/her
working period as the basis for social insurance payout shall comply with
Clause 4 of this Article.
Each vocational student concluding
a labor contract as specified in a Government's Agreement, his/her study period
shall not be included in the working period as the basis for social insurance payout.
6. Clause 2 and Clause 5 of this
Article shall not apply to persons who violate law abroad and are expelled or subject
to a disciplinary action or be liable to imprisonment before January 1, 1995.
7. Each employee who has no
original documents on working period before January 1, 1995 shall have his/her
employer provided explanation for the loss, certified the employee's working
and salary history, certified that the employee has not received severance pay
or lump-sum benefit, and then the employer shall send report to the Ministry or
agency in charge of central government or People’s Committee of the province
for certification and the Ministry of Labor, War Invalids and Social Affairs for
consideration.
Article 24. Benefits for person
on monthly benefit having period of social insurance payment
without social insurance payout
If an employee eligible for monthly
benefit as prescribed in Decision No. 91/2000/QD-TTg and Decision No.
613/QD-TTg of the Prime Minister has a period of social insurance payment
(excluding his/her working period over which work capacity loss benefit has
been paid) that is eligible for a pension, he/she shall be eligible for a
higher pension. If an employee has a period of social insurance payment
ineligible for a pension, he/she may pay voluntary social insurance to receive
a higher pension.
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Article 25. Benefits for
employees receiving decision on work ceasing awaiting retirement benefit or
monthly benefit
1. An employee having a period of
15 years or longer of social insurance payment and obtaining a decision or a
certification of awaiting eligibility of statutory retirement age for pension
before January 1, 2003, shall be eligible for a pension when he turns 60 years
of age or she turns 55 years of age.
2. An official of commune holding a
position having a period of 15 years or longer of social insurance payment and
obtaining a decision or a certification of awaiting eligibility of statutory
retirement age for pension before January 1, 2003, shall be eligible for
monthly benefit by a social security agency when he turns 60 years of age or
she turns 55 years of age.
Article 26. Converting salaries
in foreign currency into Vietnamese dong for social insurance payment
Each employee having salary
mentioned in the labor contract in foreign currency, the social insurance
payment and social insurance recording shall be carried out as follows:
1. The monthly salary as the basis
for social insurance payment in VND by converting the salary in foreign
currency into VND according to the average exchange rate on the inter-bank
foreign exchange market announced by the State bank of Vietnam on every January
2 and July 1. If the announcement date falls on a legal holiday, the exchange
rate of the following date announced by the State bank of Vietnam shall apply.
2. Monthly salary as the basis for
social insurance payment mentioned in the social insurance book is the salary
in VND determined in Clause 1 of this Article.
Article 27. Transferring
government funding to social insurance fund
1. Annually, government budget
shall allocate an amount of funding to Vietnam Social Security for
implementation of policies and benefits of social insurance, health insurance
to entities eligible for pension and social insurance benefit before January 1,
1995, including:
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b) Monthly benefit for working
capacity loss;
c) Benefits for rubber workers;
monthly benefit for employees no longer eligible for benefit for working
capacity loss;
d) Monthly labor accident or
occupational disease allowance; attendance allowance;
dd) Allowance for purchase of
orthopaedic devices;
e) Survivor benefit;
g) Funeral benefit;
h) Payment of health insurance;
i) Fees for medical assessment of
decreased work capacity;
k) Region-based allowance;
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2. The State shall transfer an
amount of funding to social insurance fund to pay social insurance for the
entities prescribed in Article 23 of this Decree corresponding to their working
period before January 1, 1995.
Article 28. Eligibility applied
to employees for social insurance benefits before January 1, 2016
1. Each female employee giving
birth or each employee adopting an under-6-month child before January 1, 2016
shall be eligible for benefits prescribed in regulations promulgated before
January 1, 2016.
2. Each female employee who was
born on December 31, 1970 and earlier and each male employee who was born on
December 31, 1965 and earlier and obtain a conclusion of decreased work capacity
of 61% or higher issued by a Medical Examination Council before January 1, 2016
that request a pension from January 1, 2016, the regulations on retirement
benefit promulgated before January 1, 2016 shall apply.
3. Each employee who dies before
January 1, 2016 shall be eligible for the survivor benefit prescribed in regulations
promulgated before January 1, 2016 shall apply.
4. Each employee receiving social
insurance benefit before January 1, 2016 shall keep eligible for the benefits
prescribed in regulations promulgated before January 1, 2016.
Chapter V
IMPLEMENTATION
Article 29. Effect
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2. The following documents shall be
annulled from the effective date of this Decree:
a) Decree No. 152/2006/ND-CP dated
December 22, 2006 of the Government providing guidance on the Law on Social
insurance on compulsory social insurance;
b) Decree No. 83/2008/ND-CP dated
July 31, 2008 of the Government on adjustments to salary as the basis for
social insurance payment applied to employees subject to salary regime set by
employers;
c) Decree No. 122/2008/ND-CP dated
December 4, 2008 of the Government on region-based allowance applied to person
on monthly pension, working capacity loss benefit, labor accident or
occupational disease benefit;
d) Decision No. 107/2007/QD-TTg
dated July 13, 2007 of the Prime Minister on determination of period as the
basis for social insurance benefits applied to officials, public employees,
police officers, soldiers or workers on the public payroll of a regulatory
agency, political organization, socio-political organization, state-owned
enterprise or an armed force unit that is sent abroad for definite-term
business or study trip but returned Vietnam behind schedule.
Article 30. Implementation
1. The Minister of Labor, War
Invalids and Social Affairs shall provide guidance on this Decree.
2. The Minister of Finance shall
ensure the government budget for implementation of policies prescribed in
Article 27 of this Decree.
3. Annually, Vietnam Social
Security shall announce the average investment interest of social insurance
fund of the previous year.
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5. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, the Presidents of the
People’s Committees and relevant organizations or individuals shall implement
this Decree./.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung