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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 134/2015/ND-CP
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Hanoi, December 29, 2015
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DECREE
DETAILING SOME ARTICLES OF THE LAW ON SOCIAL INSURANCE
CONCERNING VOLUNTARY 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 the
Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly on
implementing the policy on lump-sum social insurance payout;
At the request of the
Minister of the Ministry of Labor, War Invalids and Social Affairs,
The Government hereby
promulgates the Decree detailing some articles of the Law on Social Insurance
concerning voluntary social insurance.
Chapter
I
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Article
1. Scope
This Decree details some
articles of the Law on Social Insurance concerning voluntary social insurance.
Article
2. Regulated
entities
1. The voluntary social
insurance participants are Vietnamese citizens aged 15 older and are not the
persons for whom social insurance is compulsory as prescribed in Clause 4
Article 2 of the Law on Social Insurance.
2. Agencies,
organizations and individuals involved in voluntary social insurance.
Chapter
II
BENEFITS OF
VOLUNTARY SOCIAL INSURANCE
Section
1. RETIREMENT BENEFITS
Article
3. Monthly retirement pension
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1. The monthly retirement
pension equals the rate of monthly retirement pension multiplied by the average
monthly income on which social insurance premiums are based.
2. The rate of monthly
retirement pension shall be calculated as follows:
a) For employees who
retire from January 1, 2016, to before January 1, 2018, the rate of monthly
retirement pension equals 45%, corresponding to 15 years of social insurance
premium payment, which shall then be increased by 2%, for men, or 3%, for
women, for each additional year of social insurance premium payment, but the
total rate must not exceed 75%;
b) For female employees
who retire from January 1, 2018 onwards, the rate of monthly retirement pension
equals 45%, corresponding to 15 years of social insurance premium payment,
which shall then be increased by 2% for each additional year of social
insurance premium payment, but the total rate must not exceed 75%;
c) For male employees who
retire from January 1, 2018 onwards, the rate of monthly retirement pension
equals 45%, corresponding to the number of years of social insurance premium
payment listed in the Table below, which shall then be increased by 2% for each
additional year of social insurance premium payment, but the total rate must
not exceed 75%:
Year of retirement
Number of years of social insurance premium payment
corresponding to the rate of monthly retirement pension of 45%
2018
16 years
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17 years
2020
18 years
2021
19 years
From 2022 onward
20 years
Article
4. The average monthly income on which social insurance premiums are based
The average monthly
income as prescribed in Article 79 of the Law on Social Insurance is specified
as follows:
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2. Monthly incomes for
which social insurance premiums have been paid used as a basis for calculation
of the average monthly income on which social insurance premiums are based as
prescribed in Clause 1 of this Article shall be adjusted as follows:
a) The adjusted monthly
income for which social insurance premiums have been paid in a year equals the
monthly income for which social insurance premiums have been paid in a year
multiplied by the indexing factor of that year;
b) The indexing factor
shall be calculated according to the average annual consumer price index
announced every year by the General Statistics Office and determined by the
following formula:
Indexing factor of year
t
Average annual consumer
price index of the year preceding the year a voluntary social insurance
participant is entitled to social insurance payout compared to 2008
Average annual consumer
price index of year t compared to 2008
Where:
- t: any year in
the period;
- The indexing factor of
year t shall be rounded to the nearest one hundredth and shall not fall below 1
(one).
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4. Annually, the Ministry
of Labor, War Invalids and Social Affairs shall prescribe the indexing factor
applied to voluntary social insurance participants, according to Clause 2 of
this Article and the average annual consumer price index announced by the
General Statistics Office.
Article
5. Retirement benefits for persons who previously paid compulsory social
insurance premiums
The retirement benefit
for persons who previously paid compulsory social insurance premiums set forth
in Article 71 of the Law on Social Insurance is specified as follows:
1. The period of time
over which compulsory social insurance premiums and voluntary social insurance
premiums are paid shall be used for calculation of retirement pension, except
for period of time for which lump-sum social insurance payout is paid.
2. Eligibility
requirements for retirement pension
Voluntary social
insurance participants are entitled to retirement pension in one of the
following cases:
a) A person who has paid
voluntary social insurance premiums for at least 20 years will receive retirement
pension at the age of 60 (for men) or 55 (for women), except the case
prescribed in Point b of this Clause;
3. The monthly retirement
pension equals the rate of monthly retirement pension multiplied by the average
monthly salary and income on which social insurance premiums are based set
forth in Clause 4 of this Article 4.
For voluntary social
insurance participants who have paid compulsory social insurance premiums for
20 or more years, except those described in Point i, Clause 1, Article 2 of the
Law on Social Insurance and Point c, Clause 2 of this Article, the monthly
retirement pension at least equals the statutory pay rate at the time of
retirement pension payment.
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The average monthly salary and income on which social
insurance premiums are based
=
The average monthly salary on which compulsory social
insurance premiums are based
x
Total months of payment of compulsory social insurance
premiums
+
Total monthly incomes on which voluntary social insurance
premiums are based
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+
Total months of payment of voluntary social insurance
premiums
Where:
- The average monthly
salary on which compulsory social insurance premiums are based must comply with
Article 62 and Article 63 of the Law on Social Insurance.
- The total monthly
incomes on which voluntary social insurance premiums are based is the total
monthly incomes on which voluntary social insurance premiums are based
multiplied by the indexing factor as prescribed in Clause 2 and Clause 3,
Article 4 of this Decree.
5. The lump-sum retirement
pension upon retirement shall be calculated as prescribed in Article 75 of the
Law on Social Insurance: half of the average monthly salary and income on which
social insurance premiums are based as prescribed in Clause 4 of this Article
for each year of social insurance premium payment in excess of the number of
years corresponding to the retirement pension rate of 75%.
6. Lump-sum social
insurance payout shall be provided in accordance with Article 7 of this Decree.
The lump-sum social insurance payout shall be calculated according to the
average monthly salary and income on which social insurance premiums are based
as prescribed in Clause 4 of this Article.
Article
6. Time for retirement pension payment
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2. In case a voluntary
social insurance participant pays a lump-sum premium for the remaining years as
prescribed in Point e, Clause 1, Article 9 of this Decree in order to be
eligible for retirement pension payment, the time for retirement pension
payment shall begin from the month succeeding the month in which he/she has
paid a lump-sum premium for the remaining years.
Article
7. Lump-sum social insurance payout
1. Voluntary social
insurance participants are entitled to lump-sum social insurance payout under
Article 77 of the Law on Social Insurance and the Resolution No. 93/2015/QH13
of the National Assembly dated June 22, 2015, on implementing the policy on
lump-sum social insurance payout to the employees.
2. An application for
lump-sum social insurance payout shall be processed in accordance with Article
109 of the Law on Social Insurance.
3. Applications for
lump-sum social insurance payout shall be processed in accordance with Clause 3
and Clause 4, Article 110 of the Law on Social Insurance.
Section
2. DEATH BENEFITS
Article
8. Death benefits for family of voluntary social insurance participants who
died and previously paid compulsory social insurance premiums for a period of
time
Death benefit received by
family of a voluntary social insurance participant who died or is declared dead
by the court and previously paid compulsory social insurance premiums for a
period of time under Article 71 of the Law on Social Insurance is specified as
follows:
1. The period of time
over which compulsory and voluntary social insurance premiums are paid shall be
used for calculation of death benefits, excluding the time for calculation of
lump-sum social insurance payout.
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a) The voluntary social
insurance participant has paid compulsory social insurance premiums for 12
months or more;
b) The voluntary social
insurance participant has paid social insurance premiums for at least 60
months;
c) The voluntary social
insurance participant has resigned and is currently receiving monthly
occupational accident benefits or occupational disease benefits;
d) The voluntary social
insurance participant is currently receiving retirement pension.
3. In the cases where a
voluntary social insurance participant dies or is declared dead by the court,
his/her relative set forth in Clause 2, Article 67 of the Law on Social
Insurance is entitled to monthly death benefits under Article 68 of the Law on
Social Insurance if:
a) The voluntary social
insurance participant had paid compulsory social insurance premiums for 15
years or more but had not received lump-sum social insurance payout; or
b) The voluntary social
insurance participant had suffered from whole person impairment of at least 61%
and was receiving monthly occupational accident benefits or occupational
disease benefits;
c) The voluntary social
insurance participant had paid compulsory social insurance premiums for at
least 15 years and was receiving retirement pension.
4. In the event a
relative who is entitled to monthly death benefits described in Clause 3 of
this Article wishes to receive lump-sum death benefits, he/she is entitled to
such benefit described in Clause 2 or 3, Article 81 of the Law on Social
Insurance, except for under-6 children, and children or spouses who suffer from
whole person impairment of at least of 81% or more.
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Chapter
III
THE SOCIAL
INSURANCE FUND
Article
9. Premium payment methods
The methods of payment of
voluntary social insurance defined in Clause 2, Article 87 of the Law on Social
Insurance are specified as follows:
1. Voluntary social
insurance participants may select one of the following methods to make payment
to the retirement and death benefit fund:
a) Payment every month;
b) Payment every 03
months;
c) Payment every 06 months;
d) Payment every 12
months;
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e) Paying a lump sum
premium for the remaining years: A person who has reach the statutory
retirement age and has paid social insurance premiums for at least 10 years may
pay a lump sum premium for the remaining years to be entitled to retirement
pension.
2. In the event a social
insurance participant who has reached the statutory retirement age and has paid
social insurance premiums for less than 10 years may continue to pay periodic
voluntary social insurance according to one of the methods described in Points
a, b, c, d and dd, Clause 1 of this Article until the requirements of Point e
Clause 1 of this Article are met and then pay a lump sum premium for the
remaining years to be entitled to retirement pension.
Article
10. Premium
The voluntary social
insurance premiums described in Clause 1, Article 87 of the Law on Social
Insurance and according to the payment methods described in Clause 1, Article 9
of this Decree are specified as follows:
1. The monthly premium
equals 22% of the monthly income decided by the voluntary social insurance
participant.
The monthly income
decided by a voluntary social insurance participant must at least equal the
poverty line in rural areas as prescribed by the Prime Minister and must not
exceed 20 times the statutory pay rate at the time of payment.
2. The premium for every
3, 6 or 12 months equals the monthly premium set forth in Clause 1 of this
Article multiplied by 3, 6, 12 respectively.
3. The lump-sum premiums
for multiple subsequent years set forth in Point dd, Clause 1, Article 9 of
this Decree equal the monthly premium multiplied by total number of months of
these years and apply a discount at the social insurance fund’s average monthly
investment interest rate announced by the Vietnam Social Security in the year
preceding the year of payment.
4. The lump-sum premiums
for the remaining years set forth in Point e, Clause 1, Article 9 of this
Decree equals the total monthly premiums of the remaining period plus an
interest at the social insurance fund’s average monthly investment interest
rate announced by the Vietnam Social Security in the year preceding the year of
payment.
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6. In case a voluntary
social insurance participant applies any of the payment methods prescribed in
Points b, c, d, and dd, Clause 1, Article 9 of this Article, he/she shall have
part of the paid premiums refunded if during that period he/she:
a) switches over from
voluntary social insurance to compulsory social insurance;
b) receives lump-sum
social insurance payout as prescribed in Article 7 of this Decree;
c) dies or is declared
dead by the court.
The amount to be refunded
to the voluntary social insurance participant in the case prescribed in Point a
and Point b of this Clause or to his/her relative in the case prescribed in
Point c of this Clause equals the paid premium amount corresponding to the
remaining period of payment according to the abovementioned method and excludes
the assistance provided by the State (if any).
Article
11. Change of payment method and monthly income on which voluntary social
insurance premiums are based
Voluntary social
insurance participant may change the payment method or monthly income on which
voluntary social insurance premiums are based. This shall be made only after
having completed the previously selected payment method.
Article
12. Time of premium payment
1. The time of payment of
social insurance premiums according to the methods described in Points a, b, c
and d, Clause 1, Article 9 of this Decree is specified as follows:
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b) Within 03 months, for
the method of payment every 03 months;
c) Within the first 04
months, for the method of payment every 06 months;
d) Within the first 07
months, for the method of payment every 12 months;
2. The time of payment of
social insurance premiums in the case of lump-sum premium payments for multiple
subsequent years or lump-sum premium payments for the remaining years described
in Point dd and Point e, Clause 1, Article 9 of this Decree is the time of
registration of the premium payment method and monthly income on which premiums
are based.
3. Past the time of
social insurance premium payment prescribed in Clause 1 of this Article, if a
voluntary social insurance participant fails to pay social insurance premiums,
he/she shall be considered having suspended paying voluntary social insurance
premiums. The person who suspends the payment of voluntary social insurance
premiums and then wishes to continue the payment, he/she shall re-register with
social insurance agencies the payment method and monthly income on which social
insurance premiums are based. In the event he/she wishes to make payment for
the months he/she suspends the payment, the amount of payment equals the total
premiums of the months they suspend the payment, plus an interest at the social
insurance fund’s average monthly investment interest rate announced by the
Vietnam Social Security in the year preceding the year of payment.
Article
13. Procedures for change of premium payment method and monthly income on which
voluntary social insurance premiums are based
1. Application for change
of payment method and monthly income on which voluntary social insurance
premiums are based includes:
a) The social insurance
book;
b) The declaration form
for social insurance participation.
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a) The voluntary social
insurance participant shall submit an application described in Clause 1 of this
Article to a social insurance agency;
b) Within the day, the
social insurance agency shall decide whether to grant the application, if the
application is satisfactory, or reject it and provide explanation.
Article
14. Assistance with social insurance premiums for voluntary social insurance
participants
1. Assistance rates and
persons eligible for assistance:
A voluntary social
insurance participant receives the State’s assistance with premiums in
percentage (%) of monthly social insurance premiums based on the poverty line
in rural areas as prescribed in Clause 1, Article 10 of this Decree, to be
specific:
a) 30%, for a voluntary
social insurance participant who is in a poor household;
b) 25%, for a voluntary
social insurance participant who is in a near-poor household;
c) 10%, for other
persons.
Agencies, organizations
and individuals are encouraged to provide assistance with social insurance
premiums for voluntary social insurance participants.
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2. The duration of
assistance must depend on the actual period of voluntary social insurance
participation of each person but must not exceed 10 years (120 months).
3. Assistance methods:
a) A voluntary social
insurance participant eligible for the assistance shall pay social insurance
premiums within his/her payment responsibility to a social insurance agency or
voluntary social insurance premium collection agent designated by a social
insurance agency;
b) Every 3, 6 or 12
months, the social insurance agency shall make a list of those eligible for the
assistance, premiums collected from these persons and the sum provided by the
State budget according to the form issued by the Vietnam Social Security after
reaching agreement with the Ministry of Finance, and submit the list to a
finance authority for transferring the expenses to the social insurance fund;
c) Based on the
regulations on local budget management decentralization, the list of voluntary
social insurance participants and the expenses provided by the State budget and
transferred by social insurance agencies, the finance authority shall transfer
such expense to the social insurance fund every quarter. By December 31 of a
year, the finance authority shall complete the transfer of expenses to the
social insurance fund of that year.
4. The expenses for
social insurance premiums for voluntary social insurance shall be covered by
the local government budget according to the current State budget
decentralization; or by the central government budget for the local governments
having difficulties in budget.
Article
15. Procedures for receipt of assistance with voluntary social insurance
premiums
1. An application for
assistance by the persons prescribed in Point a and Point b, Clause 1, Article 14
of this Decree, includes:
a) The declaration form
for voluntary social insurance participation, for the person who registers
voluntary social insurance participation for the first time;
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2. Processing of
applications for assistance with voluntary social insurance premiums.
a) The voluntary social
insurance participant shall submit an application described in Clause 1 of this
Article to a social insurance agency.
b) Within the day, the
social insurance agency shall decide whether to grant the application, if the
application is satisfactory, or reject it and provide explanation.
Chapter IV
IMPLEMENTATION
CLAUSE
Article 16. Transition
clause
1. The provisions of this
Decree apply to persons who have participated in voluntary social insurance
before January 1, 2016.
2. For persons currently
receiving monthly retirement pension before January 1, 2016, previous
regulations shall still apply and they will have their retirement pension
adjusted.
3. Voluntary social
insurance participants who previously paid compulsory social insurance
premiums, also including region-based allowance are entitled to not only
retirement pension, lump-sum social insurance payout and death benefits but
also lump-sum region-based allowance in accordance with the law on compulsory
social insurance.
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5. For voluntary social
insurance participants who have paid premiums according to methods prescribed
in Points a, b, c and d, Clause 1, Article 9 of this Decree, including a period
following the time of implementation of the policy on assistance with social
insurance premiums, they shall not be entitled to the assistance prescribed in
Article 14 of this Decree for the period they have paid the voluntary social
insurance.
6. The whole balance of
the voluntary social insurance fund prescribed in the Law on Social Insurance
2006 as of December 31, 2015 shall be added to the death and retirement fund in
accordance with the Law on Social Insurance 2014.
Article
17. Effect
1. This Decree comes into
force from February 15, 2016.
The provisions of this
Decree, except those described in Clause 2 of this Article, are applicable from
January 01, 2016.
2. The State’s assistance
with social insurance premiums for voluntary social insurance participants
shall apply from January 1, 2018. The assistance shall not be provided for the
period of payment of voluntary social insurance premiums before January 1,
2018, except for a lump-sum premium payment for the remaining years according to
the method described in Point e, Clause 1, Article 9 of this Decree.
3. The following
documents expire from the day on which this Decree comes into force:
a) The Government’s
Decree No. 190/2007/NĐ-CP dated December 28, 2007 on guiding the implementation
of some articles of the Law on Social Insurance concerning voluntary social
insurance;
b) The Government’s
Decree No. 134/2008/NĐ-CP dated December 31, 2008 on adjusting monthly incomes
for which social insurance premiums have been paid for laborers participating
in voluntary social insurance.
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1. The Minister of The
Ministry of Labor, War Invalids and Social Affairs shall be responsible for
guiding the implementation of this Decree.
2. The Minister of
Finance shall be responsible for ensuring the budget provided for the
implementation of the assistance policy for voluntary social insurance
participants in accordance with this Decree.
3. Annually, the Vietnam
Social Security shall be responsible for announcing the social insurance fund’s
average investment interest rate of the preceding year.
4. Annually, the General
Statistics Office affiliated to the Ministry of Planning and Investment shall
be responsible for promptly notifying the average annual consumer price index
to the Ministry of Labor, War Invalids and Social Affairs.
5. Social insurance
agencies shall be responsible for comparing the list of voluntary social
insurance participants described in Point a and Point b, Clause 1, Article 14
of this Decree with the lists of poor households and near-poor households
provided by local governments in order to determine the beneficiaries of poor
households and near poor households.
6. Ministers, heads of
ministerial agencies, heads of Governmental agencies, and chairpersons of
People’s Committees of central-affiliated provinces and cities shall be
responsible for implementing this Decree./.
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