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THE MINISTRY
OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.23/2012/TT-BLDTBXH
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Hanoi, October 18,
2012
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CIRCULAR
ON AMENDMENT AND
SUPPLEMENT OF SOME CONTENT OF THE CIRCULAR NO.19/2008/TT-BLDTBXH DATED
SEPTEMBER 23, 2008 AMENDING, SUPPLEMENTING THE CIRCULAR NO.03/2007/TT-BLDTBXH
DATED JANUARY 30, 2007 ON INSTRUCTION TO IMPLEMENT A NUMBER OF ARTICLES OF THE
DECREE NO.152/2006/ND-CP DATED DECEMBER 22, 2006 OF THE GOVERNMENT GUIDING A
NUMBER OF ARTICLES OF THE LAW ON SOCIAL INSURANCE ON COMPULSORY SOCIAL
INSURANCE
Pursuant to the Decree No.152/2006/ND-CP of
December 22, 2006 of the Government guiding a number of Articles of the Law on
Social Insurance regarding compulsory social insurance;
Pursuant to the Decree No.186/2007/ND-CP of
December 25, 2007 of the Government defining the functions, tasks, powers and
organizational structure of the Ministry of Labor, War Invalids and Social
Affairs;
At the proposal of the Director of Social
Insurance;
Minister of Labor, War Invalids and Social
Affairs issues Circular, amending and supplementing a number of contents of the
Circular No.19/2008/TT-BLDTBXH dated September 23, 2008, amending and
supplementing the Circular No.03/2007/TT-BLDTBXH dated January 30, 2007,
guiding the implementation of some Articles of the Decree No.152/2006/ND-CP of
December 22, 2006 of the Government guiding a number of Articles of the Law on
Social Insurance regarding compulsory social insurance (hereinafter referred as
the Circular No.19/2008/TT-BLDTBXH)
Article 1. To amend and supplement a number
of contents of the Circular No.19/2008/TT-BLDTBXH
1. To amend point 5, Clause 2 as follows:
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2. To add point 7 in Clause 2 as follows:
"7. Where employees previously have paid
social insurance but interrupted and then go back to work but got illness right
in the first month of work and social insurance payment, salary, wage used as a
basis for calculating the sickness regime is the salary or wage used as a basis
for paying for social insurance of such month."
3. To add point 10 in Clause 4 as follows:
"10. Where employees previously have paid
social insurance but interrupted and then go back to work but got labor
accident or occupational disease right in the first month of work and social
insurance payment, salary, wage used as a basis for calculating the regime of
labor accident or occupational disease is the salary or wage used as a basis
for paying for social insurance of such month."
4. To amend point 9, Clause
6 as follows:
"9a. Time of eligibility for age pension:
Time of eligibility for age pension is the first
day of the consecutive month after the birth month of the year in which the
employee is eligible for the age pension. If employee’s record has not written
the date of birth, month of birth (only written year of birth), the time of
eligibility for age pension is the first day of January of the consecutive year
after the year that the employee is eligible for age pension.
Example 1: Mr. A is a university
lecturer, was born on 3/01/1955. The time Mr. A is eligible for age pension is
4/01/2015;
Example 2: Mrs. C is an office worker,
her record only indicated that she was born in 1957. The time Mrs. C is
eligible for age pension is 01/01/2013.
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Time eligible for pension while decreasing
working capacity for persons eligible for age and period of paying social
insurance is calculated from the first day of the consecutive month after the
month concluded with a reduction of working capacity of 61% or more.
Example 3: Mrs. D, was born in 5/10/1964,
have paid compulsory social insurance for 23 years. In June/2012, Mrs. D has
applied for expertise of working capacity decrease to be entitled to receive
pension. On 7/05/2012, the Medical Evaluation Board concluded that Mrs. D was
reduced working capacity as 63%. The time Mrs. C is eligible for age pension
due to working capacity decrease is 8/01/2012.
9c. Pension enjoying time:
a) For employees who are paying for compulsory
social insurance, pension time is the time for enjoying pension stated in the
decision to leave made by the employer when the employees are eligible for
pension according to provisions.
The employers have the responsibility to submit
records to social insurance organization no later than 30 days prior to the
employees are entitled to receive pension. Where the employers filed records
later than specified, there must be a written explanation stating the reason.
b) For employees who reserve a period of paying
social insurance, pension time is the time stated in the application made by
the employees when they are eligible for pension under the provisions.
The employees shall apply for social insurance
organization no later than 30 days prior to the employees are entitled to
receive pension. Where the employers filed records later than specified, there
must be a written explanation stating the reason."
Article 2. Implementation provisions
1. This Circular takes effect from December 01,
2012.
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FOR MINISTER
DEPUTY MINISTER
Pham Minh Huan