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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
190/2007/ND-CP
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Hanoi, December
28, 2007
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DECREE
GUIDING A NUMBER OF ARTICLES OF THE LAW ON SOCIAL INSURANCE
REGARDING VOLUNTARY SOCIAL INSURANCE
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Social Insurance;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
This Decree provides guidance on a number of articles of the Law on Social
Insurance regarding applicable subjects; rights and responsibilities of parties
engaged in voluntary social insurance; voluntary social insurance benefits; the
voluntary social insurance fund; procedures for implementing voluntary social
insurance; complaints and denunciations related to voluntary social insurance
and state management of voluntary social insurance.
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1. Laborers working under labor
contracts of a term of under 3 months.
2. Commune-level part-time
cadres.
3. Persons engaged in
production, business and service activities, including non-salaried members of
cooperatives and unions of cooperatives.
4. Self-employed laborers.
5. Laborers working overseas for
a given period who have not yet participated in compulsory social insurance or
have received lump-sum social insurance benefit.
6. Other participants.
Persons defined in this Article
are below generally referred to as participants in voluntary social insurance.
Article 3.
Voluntary social insurance benefits
Voluntary social insurance
benefits prescribed in this Decree include:
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2. Survivorship allowance.
Article 4.
Principles for voluntary social insurance under Article 5 of the Law on Social
Insurance
1. Voluntary social insurance is
based on participants voluntariness.
Participants in voluntary social insurance may select levels of premium to pay
and modes of payment suitable to their income.
2. The level of voluntary social
insurance premium is calculated on the basis of the monthly income on which
social insurance premiums are based but must be neither lower than the common
minimum salary nor higher than 20 times the common minimum salary.
3. The level of voluntary social
insurance benefit is calculated on the basis of the level and period of paying
social insurance premiums and shared among participants in voluntary social
insurance.
4. A person who has both a
period of paying compulsory social insurance premiums and a period of paying
voluntary social insurance premiums is entitled to retirement and survivorship
benefits based on the total of the periods of payment of compulsory and
voluntary social insurance premiums.
5. The voluntary social
insurance fund is managed in a unified, democratic, public and transparent
manner; and is used for proper purposes and independently cost-accounted.
6. Implementation of voluntary
social insurance must be simple, convenient, timely and thorough.
Article 5.
Responsibilities of state management of voluntary social insurance under Clause
2, Article 8 of the Law on Social Insurance
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a/ Assuming the prime
responsibility for, and coordinating with ministries, agencies and
organizations in studying, drafting, and submitting to competent state agencies
for promulgation, or promulgating according to its competence legal documents
on voluntary social insurance;
b/ Assuming the prime
responsibility for, and coordinating with ministries, branches and Peoples
Committees of provinces and centrally run cities in, conducting statistics and
information work; propagating and disseminating information on voluntary social
insurance benefits, policies and law;
c/ Supervising the
implementation of legal provisions on voluntary social insurance;
d/ Performing the function of
specialized inspection of voluntary social insurance;
e/ Promoting international
cooperation in the domain of voluntary social insurance in accordance with law;
f/ Organizing training in
voluntary social insurance.
2. Ministries, ministerial-level
agencies and government-attached agencies shall coordinate with the Ministry of
Labor, War Invalids and Social Affairs in making laws and policies related to
voluntary social insurance.
3. Peoples Committees of
provinces and centrally run cities (below referred to as provincial-level
Peoples Committees) shall perform the state management of voluntary social
insurance in their respective localities. Provincial-level Labor, War Invalids
and Social Affairs shall assist provincial-level Peoples Committees in
performing the function of state management of voluntary social insurance as
follows:
a/ Supervising and initiating
the implementation of the law on voluntary social insurance;
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c/ Proposing to provincial-level
Peoples Committees for settlement matters related to voluntary social insurance
falling within the latters
competence;
d/ Annually, sending reports to
the Ministry of Labor, War Invalids and Social Affairs on the implementation of
the law on voluntary social insurance.
Article 6.
Prohibited acts under Article 14 of the Law on Social Insurance
1. Making false declaration and
forging dossiers in the implementation of voluntary social insurance,
including:
a/ Making false declaration or
modifications or erasures to distort contents related to payment of voluntary
social insurance premiums or enjoyment of voluntary social insurance benefits;
b/ Forging and inserting
documents in dossiers for enjoyment of voluntary social insurance benefits.
2. Using the voluntary social
insurance fund for wrong purposes or in violation of policies and regulations.
3. Troubling, obstructing or
harming rights and lawful interests of participants in voluntary social
insurance, including:
a/ Causing difficulties to,
obstructing, and delaying the payment of voluntary social insurance premiums or
enjoyment of voluntary social insurance benefits by participants in voluntary social
insurance;
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4. Reporting untruthful
information and supplying distorted information and data on voluntary social
insurance.
Article 7.
Rights and responsibilities of participants in voluntary social insurance under
Articles 15 and 16 of the Law on Social Insurance
1. Participants in voluntary
social insurance have the following rights:
a/ To be issued the social
insurance book;
b/ To receive full retirement
pensions or voluntary social insurance allowances in a timely and convenient
manner under the provisions of this Decree;
c/ To enjoy health insurance
while enjoying retirement pensions;
d/ To request social insurance
organizations to provide information on payment of social insurance premiums,
the right to enjoy social insurance benefits, and procedures for implementing
social insurance;
e/ To file complaints and
denunciations with competent state agencies or individuals when their lawful
interests are infringed upon or when organizations or individuals implementing
voluntary social insurance commit acts in violation of the law on voluntary
social insurance;
f/ To authorize other persons to
receive their retirement pensions and voluntary social insurance allowances.
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a/ To pay voluntary social
insurance premiums by the mode and at the level prescribed in Article 26 of
this Decree;
b/ To comply with regulations on
compilation of voluntary social insurance dossiers;
c/ To preserve the social
insurance book according to regulations.
Article 8.
Rights and responsibilities of social insurance organizations under Article 19
and Article 20 of the Law on Social Insurance
1. Social insurance
organizations have the following rights:
a/ To organize personnel,
financial and asset management in accordance with law;
b/ To decline requests for
payment of voluntary social insurance benefits which are made not in accordance
with law;
c/ To check the payment of
voluntary social insurance premiums and benefits;
d/ To propose competent state
agencies to formulate, amend and supplement regimes, policies and law
concerning voluntary social insurance and management of the voluntary social
insurance fund;
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f/ Other rights as prescribed by
law.
2. Social insurance
organizations have the following responsibilities:
a/ To propagate and disseminate
information on regimes, policies and law concerning voluntary social insurance;
provide guidance on professional matters and procedures for implementing
voluntary social insurance;
b/ To organize the collection of
social insurance premiums from participants in voluntary social insurance;
c/ To issue social insurance
books to participants in voluntary social insurance;
d/ To receive dossiers of
voluntary social insurance and settle social insurance benefits; to pay retirement
pensions and voluntary social insurance benefits, and pay health insurance
premiums for pensioners in full, conveniently and on time;
e/ To manage and preserve
dossiers of participants in voluntary social insurance;
f/ To manage and use the
voluntary social insurance fund according to legal provisions on finance,
accounting and statistics;
g/ To take measures for
preserving and developing the voluntary social insurance fund;
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i/ To provide sufficient
and timely information on the payment of voluntary social insurance premiums,
the right to enjoy voluntary social insurance benefits, and procedures for
implementing voluntary social insurance at the request of participants in
voluntary social insurance;
j/ To organize statistics and
accounting work for voluntary social insurance; to supply relevant documents
and information at the request of competent state agencies;
k/ To promptly settle complaints
and denunciations related to the implementation of voluntary social insurance;
l/ To promote international
cooperation in voluntary social insurance.
Chapter II
VOLUNTARY SOCIAL
INSURANCE BENEFITS
Section 1.
RETIREMENT PENSION
Article 9.
Conditions for participants in voluntary social insurance to enjoy retirement
pension
1. Being full 60 years or older,
for men, or being full 55 years or older, for women, and having paid social
insurance premiums for 20 years or more.
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A participant in voluntary
social insurance who has paid compulsory social insurance premiums for a total
period of full 20 years or more and suffers a working ability loss of 61% or
more is entitled to retirement pension at a lower level when he/she falls into
one of cases specified in Article 27 of Decree No. 152/2006/ND-CP of December
22, 2006, or in Article 30 of Decree No. 68/2007/ND-CP of April 19, 2007.
2. For those who are full 60
years old, for men, or full 55 years old, for women, and have paid social
insurance premiums for a period which is not more than 5 years less than the
period specified in Clause 1 of this Article, including those having paid
compulsory social insurance for full 15 years or more and not yet received
lump-sum social insurance benefit, they may, if wishing to participate in
voluntary social insurance, continue to pay premiums under Article 26 of this
Decree till reaching full 20 years.
Article 10.
Level of monthly retirement pension under Clause 1, Article 71 of the Law on
Social Insurance
1. The level of monthly
retirement pension of a person eligible for retirement pension specified in
Clauses 1, 2 and 3, Article 9 of this Decree is equal to 45% of the average
monthly income on which social insurance premiums are based as stipulated in
Article 16 of this Decree or the average monthly salary, remuneration or income
on which social insurance premiums are based as stipulated in Article 17 of
this Decree, corresponding to 15 years of payment of social insurance premiums;
for each additional year of payment of social insurance premium, this
percentage will be increased 2%, for men, or 3%, for women; and the maximum
rate is 75%.
2. The level of monthly
retirement pension of a person eligible for retirement pension specified in
Clause 4, Article 9 of this Decree is calculated according to Clause 1 of this
Article. For each year of early retirement compared to the provisions of Clause
1 and Clause 3. Article 9 of this Decree, it will be reduced 1%.
3. If the level of monthly
retirement pension calculated for a person having paid compulsory social
insurance premiums for full 20 years or more is lower than the common minimum
salary applicable at the time of enjoying the pension, this level will be
increased to be equal to the common minimum wage.
4. When calculating the level of
monthly pension under Clause 1 or Clause 2 of this Article and the lump-sum
retirement allowance stipulated in Article 11 of this Decree, if the period of
paying social insurance premiums has an odd number of under 3 months, these
months will not be counted, has an odd number of between 3 and 6 months, these
months will be counted as half a year; or has an odd number of between more
than 6 months and 12 full months, these months will be counted as one year.
Article 11.
Lump-sum retirement allowance under Article 72 of the Law on Social Insurance
1. Upon retirement, persons
eligible for retirement pension under Article 9 of this Decree who have paid
social insurance premiums for more than 30 years, for men, or more than 25
years, for women are entitled to a lump-sum retirement allowance in addition to
retirement pension.
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Article 12.
Retirement pensions shall be adjusted on the basis of the increase level of the
cost-of-living index and economic growth. The Ministry of Labor, War Invalids
and Social Affairs shall assume the prime responsibility for, and coordinate
with the Ministry of Finance in, studying and submitting the level of
adjustment in each period to the Government for stipulation.
Article 13.
Lump-sum social insurance benefit for persons ineligible for monthly retirement
pension under Article 73 of the Law on Social Insurance
Participants in voluntary social
insurance are entitled to lump-sum social insurance benefit when they fall into
one of the following cases:
1. Being full 60 years or older,
for men, or full 55 years or older, for women, and having paid social insurance
premiums for less than 15 years.
2. Being full 60 years or older,
for men, or full 55 years or older, for women, and having paid social insurance
premiums for between 15 full years and less than 20 years and discontinued
paying social insurance premiums.
3. Having paid social insurance
premiums for less than 20 years, discontinued paying social insurance premiums
and requested to receive lump-sum social insurance benefit.
4. Settling abroad.
Article 14.
Level of lump-sum social insurance benefit under Article 74 of the Law on
Social Insurance
1. The level of lump-sum social
insurance benefit is calculated on the basis of the number of years of payment
of social insurance premiums; for each year (full 12 months), the insured is
entitled to one month and a half of the average monthly income on which social
insurance premiums are based as stipulated in Article 16 of this Decree or the
average monthly salary, remuneration and income as stipulated in Article 17 of
this Decree.
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3. If a participant in voluntary
social insurance has paid social insurance premiums for less than one year,
he/she is entitled to social insurance benefit equal to the paid amount of
premium; the maximum level is equal to one month and a half of the average
monthly income on which social insurance premiums are based as stipulated in
Article 16 of this Decree.
4. For those who have both a
period of paying compulsory social insurance premiums and a period of
participating in voluntary social insurance, the conditions for enjoying
lump-sum social insurance benefit are as stipulated at Point c, Clause 1,
Article 30 of the Governments Decree No. 152/2006/ND-CP of December 22, 2006.
Article 15.
Reservation of periods of paying social insurance premiums under Article 75 of
the Law on Social Insurance
Participants in voluntary social
insurance who discontinue paying social insurance premiums while still
ineligible for retirement pension as stipulated in Article 9 or having not yet
received lump-sum social insurance benefit under Articles 13 and 14 of this
Decree, are entitled to reserve their period of paying social insurance
premiums.
Article 16.
Average monthly income on which voluntary social insurance premiums are based
under Article 76 of the Law on Social Insurance
The average monthly income on
which voluntary social insurance premiums are based is calculated according to
the following formula:
Average
monthly income on which voluntary social insurance premiums are based
=
Total
of monthly incomes on which voluntary social insurance premiums are based
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Article 17.
Average monthly salary, remuneration or income on which social insurance
premiums are based under Article 79 of the Law on Social Insurance
The average monthly salary,
remuneration or income on which social insurance premiums are based is
calculated according to the following formula:
Average monthly salary,
remuneration or income on which social insurance premiums are based = (Average
monthly salary or remuneration on which compulsory social insurance premiums
are based x Total number of months of paying compulsory social insurance
premiums) + Total of monthly incomes on which voluntary social insurance
premiums are based / (Total number of months in which compulsory social
insurance premiums are paid + Total number of months in which voluntary social
insurance premiums are paid)
In which:
The average monthly salary or
remuneration on which compulsory social insurance premiums are based is
calculated under Article 31 of the Governments Decree No. 152/2006/ND-CP of
December 22, 2006, guiding a number of articles of the Law on Social Insurance
regarding compulsory social insurance or Article 34 of Decree No. 68/2007/ND-CP
of April 19, 2007, detailing and guiding the implementation of a number of
articles of the Law on Social Insurance toward armymen, policemen and
cipher employees who are salaried like armymen and policemen.
Article 18.
Monthly incomes on which voluntary social insurance premiums are based used as
a basis for calculating the average monthly income on which voluntary social
insurance premiums are based as stipulated in Article 16 of this Decree and
monthly salaries or remuneration on which social insurance premiums are based
used as a basis for calculating the average salary, remuneration or income on
which social insurance premiums are based as stipulated in Article 17 of this
Decree, may be adjusted on the basis of the cost-of-living index in each
period.
The Ministry of Labor, War
Invalids and Social Affairs shall assume the prime responsibility for, and
coordinate with the Ministry of Finance in, studying and submitting the level
of adjustment in each period to the Government for stipulation.
Article 19.
Persons on monthly retirement pension are entitled to health insurance assured
by the voluntary social insurance fund.
Article 20.
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a/ Serving a non-suspended
imprisonment sentence;
b/ Illegally leaving the
country;
c/ Being declared missing by a
court.
2. Monthly retirement pensions
will continue to be paid from the month following the time the imprisoned
person has completely served the imprisonment penalty or the person who was
declared missing by a court returns or a repatriate lawfully returns to settle
in Vietnam. If a person falling in the case specified at Point a, Clause 1 of
this Article is concluded by a court that he/she has been wrongly punished,
he/she will be reimbursed the retirement pensions for the duration of suspended
payment.
Section 2.
SURVIVORSHIP ALLOWANCE
Article 21.
Funeral allowance under Article 77 of the Law on Social Insurance
1. When the following subjects
die, the persons who take care of their funeral are entitled to a funeral
allowance equal to 10 months common minimum salary:
a/ Participants in voluntary
social insurance specified in Article 2 of this Decree who have paid voluntary
social insurance premiums for at least 05 years;
b/ Persons on retirement
pension.
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Article 22.
When participants in voluntary social insurance premiums die, their relatives
are entitled to a lump-sum survivorship allowance under Clause 1, Article 78 of
the Law on Social Insurance
1. Persons who are paying
voluntary social insurance premiums.
2. Persons who reserve a period
of paying voluntary social insurance premiums.
3. Persons who are on pension.
Article 23.
Levels of lump-sum survivorship allowance under Clauses 2 and 3, Article 78 of
the Law on Social Insurance
1. The level of lump-sum
survivorship allowance for relatives of participants in voluntary social
insurance under Clause 1 and Clause 2, Article 22 of this Decree are calculated
on the basis of the number of years of paying social insurance premiums; for
each year (full 12 months), these relatives are entitled to one and a half of
the average monthly income on which social insurance premiums are based as
stipulated in Article 16 of this Decree.
2. When calculating the lump-sum
survivorship allowance under Clause 1 of this Article, if the period of paying
voluntary social insurance premiums has an odd number of months, these months
will be counted according to Clause 4, Article 10 of this Decree. If this
period is less than one year, it will be counted according to Clause 3, Article
14 of this Decree.
3. The level of lump-sum
survivorship allowance for relatives of participants in voluntary social
insurance under Clause 3, Article 22 of this Decree is calculated on the basis
of such persons period of enjoying retirement pension; if they die within the
first two months of enjoying retirement pension, such allowance is equivalent
to 48 months of the currently enjoyed retirement pension; if they die in
subsequent months, for each additional month of enjoying retirement pension,
the allowance shall be reduced by half of the monthly retirement pension.
Article 24.
Calculation of survivorship allowance for persons who have both a period of
paying compulsory social insurance and a period of paying voluntary social
insurance under Article 79 of the Law on Social Insurance
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2. When a person who has paid
compulsory social insurance premiums for full 15 years or more dies, his/her
relatives specified in Clause 2, Article 36 of Decree No. 152/2006/ND-CP of
December 22, 2006, are entitled to monthly survivorship allowance under Article
37 of Decree No. 152/2006/ND-CP of December 22, 2006, or his/her relatives
specified in Clause 2, Article 37 of Decree No. 68/2007/ND-CP of April 19,
2007, are entitled to monthly survivorship allowance under Article 38 of Decree
No. 68/2007/ND-CP of April 19, 2007.
3. When a participant in
voluntary social insurance who has paid compulsory social insurance for less
than 15 years dies or relatives of a person specified in Clause 2 of this
Article are ineligible for enjoying monthly survivorship allowance, these
relatives are entitled to lump-sum survivorship allowance. The level of
lump-sum survivorship allowance is calculated in the same way as lump-sum
social insurance benefit specified in Clause 1 and Clause 2, Article 14 of this
Decree; the lowest level is equal to three months average monthly salary,
remuneration or income specified in Article 17 of this Decree.
When a person on retirement
pension dies, the lump-sum survivorship allowance is calculated according to
Clause 3, Article 23 of this Decree; the lowest level is equal to three months
currently enjoyed retirement pension.
Chapter
III
VOLUNTARY SOCIAL
INSURANCE FUND
Article 25.
Sources for formation of the voluntary social insurance fund under Article 98
of the Law on Social Insurance
1. Premiums paid by participants
in voluntary social insurance according to Article 26 of this Decree.
2. Sums of money transferred
from the compulsory social insurance fund for payment according to regulations
to persons who have a period of paying compulsory social insurance premiums.
3. Profits from activities of
investment from the voluntary social insurance fund.
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5. Other lawful sources of
revenues.
The State encourages
organizations and individuals to support payment of premiums by participants in
voluntary social insurance or for the sources of the voluntary social insurance
fund.
Article 26.
Modes and levels of premium payment by participants in voluntary social
insurance under Article 100 of the Law on Social Insurance
1. Participants in voluntary
social insurance shall register with voluntary social insurance organizations
to pay premiums on:
a/ A monthly basis;
b/ A quarterly basis:
c/ A biannual basis.
2. The collection of social
insurance premiums is organized in the first half of the period of payment
selected by participants in social insurance
3. The monthly premium paid to
the voluntary social insurance fund is as follows:
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In which:
a/ Monthly income selected by
the participant in voluntary social insurance = Lmin + m x 50,000
(VND/month)
- Lmin: commom
minimum salary;
- m: a whole number3 0.
b/ Percentage of payment of
voluntary social insurance premium is stipulated as follows:
- 16% from January 2008 to
December 2009;
18% from January 2010 to
December 2011;
20% from January 2012 to
December 2013;
22% from January 2014 on.
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Article 27.
Temporary discontinuation of payment of premiums into the voluntary social
insurance fund
1. Participants in voluntary
social insurance are considered temporarily discontinuing payment of voluntary social
insurance premiums when they discontinue payment of these premiums and make no
request for lump-sum social insurance benefit.
2. When those who temporarily
discontinue payment of voluntary social insurance premiums wish to resume the
payment, they shall re-register with the social insurance fund the mode of
payment and the monthly income level on which voluntary social insurance
premiums are based. The re-registration may be only made at least three months
after the month in which participants in voluntary social insurance temporarily
discontinue the payment.
Article 28.
Use of the voluntary social insurance fund under Article 99 of the Law on
Social Insurance
1. Paying social insurance
benefits to participants in voluntary social insurance under the provisions of
Chapter II of this Decree.
2. Paying health insurance
premiums to persons on retirement pension in accordance with the law on health
insurance.
3. Paying management costs.
4. Making investment to preserve
and develop the fund according to regulations.
Article 29.
Investment activities of the voluntary social insurance fund
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2. The Management Board of the
Vietnam Social Insurance shall decide on investing the voluntary social
insurance fund in the following forms:
a/ Buying bonds and bills of the
State and state-owned commercial banks;
b/ Providing loans to
state-owned banks;
c/ Investing in key national
economic projects;
d/ Investing in
capital-intensive projects under decisions of the Prime Minister.
Article 30.
The voluntary social insurance may practice independent accounting to pay
retirement benefits to participants in voluntary social insurance and
survivorship allowances to their relatives based on their paid social insurance
premiums and period of payment.
The Ministry of Labor, War
Invalids and Social Affairs shall assume the prime responsibility for, and
coordinate with the Ministry of Finance in, guiding the payment of retirement
benefits and survivorship allowances from the voluntary and compulsory social
insurance funds to those who have both a period of paying compulsory social
insurance premiums and a period of paying voluntary social insurance premiums.
Article 31.
Management costs under Article 101 of the Law on Social Insurance
1. Annual voluntary social
insurance management costs shall be deducted from the profits derived from the
funds investments.
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a/ Regular expenses;
b/ Irregular expenses,
including:
Expenses for social insurance
books, papers, forms and collection and spending work;
Expenses for overhaul and
procurement of fixed assets, scientific research and professional retraining.
3. In the initial years,
voluntary social insurance management costs shall be proposed by the Ministry
of Finance to the Prime Minister for decision.
Article 32.
The voluntary social insurance funds financial activities are subject to the
supervision and inspection by the state management agency in charge of finance
and the audit by the State Audit Office.
Chapter IV
PROCEDURES FOR
IMPLEMENTATING VOLUNTARY SOCIAL INSURANCE
Article 33.
The social insurance book under Article 109 of the Law on Social Insurance
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2. Each participant in voluntary
social insurance shall be granted a social insurance book which shall be
commonly used for both the periods of participating in compulsory social
insurance and voluntary social insurance.
A participant in voluntary
social insurance who previously participated in compulsory social insurance
shall use the granted social insurance book for social insurance premium
payment monitoring.
Article 34.
Grant of social insurance books under Article 111 of the Law on Social
Insurance
1. Participants in voluntary
social insurance shall hand over personal declarations to the social insurance
organization in the locality where they reside. The form of personal
declaration is prescribed by the Vietnam Social Insurance.
2. Within twenty days from the
date of receipt of complete and valid dossiers of participants in voluntary
social insurance, the social insurance organization shall grant social
insurance books; in case of non-grant, it shall issue a written reply clearly
stating the reason.
Article 35.
Dossiers for enjoyment of retirement pension, lump-sum social insurance benefit
and settlement of retirement benefits under Article 123 and Article 124 of the
Law on Social Insurance
1. A dossier for enjoyment of
retirement pension or lump-sum social insurance benefit comprises:
a/ The social insurance book;
b/ The personal declaration,
made according to a form set by the Vietnam Social Insurance.
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Participants in voluntary social
insurance shall hand over dossiers prescribed in Clause 1 of this Article to
the social insurance organization in the locality where they reside.
3. Within twenty days from the
date of receipt of valid dossiers, the social insurance organization shall
settle them; if refusing to settle, it shall issue a written reply clearly
stating the reason.
4. The time of starting to enjoy
retirement pension is the month following the month when the social insurance
organization receives complete and valid dossiers of participants in voluntary
social insurance who are eligible for retirement pension.
Article 36.
Dossiers for enjoyment of survivorship allowance and settlement of survivorship
allowance under Article 123 and Article 124 of the Law on Social Insurance
1. A dossier for enjoyment of
survivorship allowance comprises:
a/ The social insurance book,
for persons paying voluntary social insurance premiums;
b/ The death certificate, death
notice or court decision declaring such person dead;
c/ The relatives declaration,
made according to a form set by the social insurance organization.
2. The relative of the person
paying voluntary social insurance premiums or the person on retirement pension
shall hand over a dossier to the social insurance organization according to
Clause 1 of this Article.
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Article 37.
Dossiers and procedures for settlement of enjoyment of retirement pension and
lump-sum social insurance benefit for persons who have completely served
imprisonment sentences comply with the provisions of Article 127 and Article
128 of the Law on Social Insurance.
Article 38.
Dossiers and procedures for settlement in the case of change of places of
enjoyment of retirement pension comply with the provisions of Article 129 of
the Law on Social Insurance.
Chapter V
COMPLAINTS AND
DENUNCIATIONS RELATED TO VOLUNTARY SOCIAL INSURANCE
Article 39.
Complainants about social insurance under Clause 1, Article 130 of the Law on
Social Insurance
1. Participants in voluntary
social insurance defined in Article 2 of this Decree.
2. Persons who are on retirement
pension, reserve a period of paying voluntary social insurance premiums,
temporarily discontinue enjoyment of retirement pension, enjoy lump-sum
survivorship allowance, take care of funeral, and other persons with rights and
interests related to voluntary social insurance.
Article 40.
Competence and order for settling complaints related to social insurance under
Clause 2, Article 131 of the Law on Social Insurance
1. Competence to settle
complaints related to voluntary social insurance:
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b/ The director of the
provincial-level Labor, War Invalids and Social Affairs is competent to settle
complaints related to voluntary social insurance about complaint settlement
decisions which are issued by the head of the social insurance organization in
the first-time settlement but disagreed by complainants or complaints which are
not settled after the prescribed time limit while complainants do not initiate
a lawsuit at a court.
2. The order and procedures for
filing complaints and settling first-time complaints related to voluntary
social insurance are prescribed bellows:
a/ When detecting a decision or
act related to voluntary social insurance which is illegal and infringes upon
his/her lawful rights and interests, the complainant shall send a written
complaint to the head of the social insurance organization that has issued such
decision or taken such act;
b/ When receiving a first-time
written complaint, the head of the social insurance organization that has
issued the decision or taken the act complained about shall consider, receive
and settle it;
c/ The statute of limitations
for filing first-time complaints, procedures for filing and time limit for
settling these complaints comply with the law on complaints and denunciations.
3. The order and procedures for
filing second-time complaints related to voluntary social insurance
and settling these complaints are prescribed bellows:
a/ If the complainant disagrees
with the first-time complaint settlement decision or the first-time complaint
is not settled after the prescribed time limit while the complainant does not
initiate a lawsuit at a court, the complainant may file his/ her complaint with
the director of the provincial-level Labor, War Invalids and Social Affairs;
b/ The statute of limitations
for lodging second-time complaints, procedures for filing and time limit for
settling these complaints comply with the law on complaints and denunciations.
4. The complainant may initiate
a lawsuit at a court when he/she disagrees with the first-time settlement
decision of the head of the social insurance organization and does not file a
complaint with the director of the provincial-level Labor, War Invalids and
Social Affairs; the complaint settlement decision of the director of the
provincial-level Labor, War Invalids and Social Affairs or his/her complaint is
not settled by the head of the social insurance organization or the director of
the provincial-level Labor, War Invalids and Social Affairs after the
prescribed time limit.
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Chapter VI
IMPLEMENTATION
PROVISIONS
Article 42.
1. This
Decree takes effect 15 days after its publication in CONG BAO.
2. The provisions of this Decree
are implemented on January 1, 2008.
Article 43.
1. The
Ministry of Labor, War Invalids and Social Affairs shall guide the
implementation of this Decree.
2. The Vietnam Social Insurance
shall organize the implementation of the provisions of this Decree.
3. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
presidents of provincial/municipal Peoples Committees shall implement this
Decree.
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ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung