THE
NATIONAL ASSEMBLY
------- |
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness ---------------- |
No:
58/2014/QH13
|
Hanoi,
November 20, 2014
|
LAW
Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The
National Assembly promulgates the Law on Social Insurance.
Chapter
I
GENERAL PROVISIONS
Article
1. Scope of regulation
This Law
provides for social insurance regimes and policies; the rights and
responsibilities of employees and employers; agencies, organizations and
individuals involved in social insurance, representative organizations of
employee collectives and employers’ representative organizations; social
insurance agencies; social insurance funds; and procedures for social insurance
implementation, and state management of social insurance.
Article
2. Subjects of application
1.
Employees being Vietnamese citizens shall be covered by compulsory social
insurance, including:
a/
Persons working under indefinite-term labor contracts, definite-term labor contracts,
seasonal labor contracts or contracts for given jobs with a term of between
full 3 months and under 12 months, including also labor contracts signed
between employers and at-law representatives of persons aged under 15 years in
accordance with the labor law;
b/
Persons working under labor contracts with a term of between full 1 month and
under 3 months;
c/
Cadres, civil servants and public employees;
d/
Defense workers, public security workers and persons doing other jobs in cipher
organizations;
dd/
Officers and professional army men of the people's army; officers and
professional non-commissioned officers and officers and technical non-
commissioned officers of the people's public security; and persons engaged in
cipher work and enjoying salaries like army men;
e/
Non-commissioned officers and soldiers of the people’s army; non- commissioned
officers and soldiers on definite-term service in the people’s public security;
army, public security and cipher cadets who are entitled to cost- of-living allowance;
g/
Vietnamese guest workers defined in the Law on Vietnamese Guest Workers;
h/
Salaried managers of enterprises and cooperatives;
i/
Part-time staffs in communes, wards and townships.
2.
Employees who are foreign citizens working in Vietnam with work permits or
practice certificates or practice licences granted by competent Vietnamese
agencies shall be covered by compulsory social insurance under the Government’s
regulations.
3.
Employers covered by compulsory social insurance include state agencies,
non-business units and people's armed forces units; political organizations,
socio-political organizations, socio-politico-professional organizations,
socio-professional organizations and other social organizations; foreign
agencies and organizations, and international organizations operating in the
Vietnamese territory; enterprises, cooperatives, individual business
households, cooperative groups, and other organizations and individuals that
hire or employ employees under labor contracts.
4.
Persons covered by voluntary social insurance are Vietnamese citizens aged full
15 years or older and not defined in Clause 1 of this Article.
5.
Agencies, organizations and individuals involved in social insurance.
The
subjects defined in Clauses 1, 2 and 4 of this Article are below collectively
referred to as employees.
Article
3. Interpretation of terms
In this
Law, the terms below are construed as follows:
1. Social
insurance means the guarantee to fully or partially offset an employee’s
income that is reduced or lost due to his/her sickness, maternity, labor
accident, occupational disease, retirement or death, on the basis of his/her
contributions to the social insurance fund.
2. Compulsory
social insurance means a form of social insurance organized by the State in
which employees and employers are required to participate.
3. Voluntary
social insurance means a form of social insurance organized by the State in
which a participant may select a premium rate and a method of premium payment
suitable to his/her income and the State supports his/her payment of social
insurance premiums for him/her to enjoy retirement and survivorship allowance
regimes.
4. Social
insurance fund is a financial fund which is independent from the state
budget and set up by contributions from employees and employers and with the
State's support.
5. Period
of social insurance premium payment means a period counted from the time an
employee starts paying social insurance premiums to the time he/she stops such
payment. In case an employee pays social insurance premiums in interrupted
periods, his/her period of social insurance premium payment is the total of
such periods.
6. Relative
means an insured’s natural child, adopted child, spouse, natural father,
natural mother, adoptive father, adoptive mother, father-in-law or mother-
in-law, or another family member whom the insured is obliged to nurture in
accordance with the law on marriage and family.
7. Supplementary
retirement scheme is a voluntary social insurance policy aiming to
supplement the retirement regime under compulsory social insurance, which is
formed by contributions from employees and employers in the form of personal
savings accounts, and preserved and accumulated through investment activities
in accordance with law.
Article
4. Social insurance regimes
1.
Compulsory social insurance covers the following regimes:
a/
Sickness;
b/
Maternity;
c/ Labor
accident and occupational disease;
d/
Retirement;
dd/
Survivorship allowance.
2.
Voluntary social insurance covers the following regimes:
a/
Retirement;
b/
Survivorship allowance.
3. The
supplementary retirement scheme shall be stipulated by the Government.
Article
5. Social insurance principles
1.
Levels of social insurance allowances shall be calculated based on the social
insurance premium rate, the premium payment period and the sharing among the
insured.
2. The
compulsory social insurance premium rate shall be calculated based on an
employee’s monthly salary. The voluntary social insurance premium rate shall be
calculated based on the monthly income selected by employees.
3.
Employees who pay both compulsory and voluntary social insurance premiums are
entitled to the retirement regime and survivorship allowance regime based on
their period of social insurance premium payment. The period of social
insurance premium payment already calculated for enjoying a lump-sum social
insurance allowance shall not be included in the period used to calculate
social insurance regimes.
4. The
social insurance fund shall be managed in a centralized, uniform, public and
transparent manner; used for proper purposes and independently accounted by
component funds and groups of the insured subject to the state- prescribed
salary regime and the employer-decided salary regime.
5.
Social insurance shall be implemented in a simple, easy and convenient manner,
promptly and fully ensuring the interests of the insured.
Article
6. State policies on social insurance
1. To
encourage and create conditions for agencies, organizations and individuals to
participate in social insurance.
2. To
provide support for voluntary social insurance participants.
3. To
protect the social insurance fund and take measures to preserve and develop the
fund.
4. To
encourage employers and employees to participate in the supplementary
retirement scheme.
5. To
prioritize investment in the development of information technology for social
insurance management.
Article
7. Contents of state management of social insurance
1. To
promulgate, and organize the implementation of, legal documents, strategies and
policies on social insurance.
2. To
propagate and disseminate policies and law on social insurance.
3. To
perform statistical and information work on social insurance.
4. To
organize the apparatus for social insurance implementation; to train human resources
for social insurance work.
5. To
manage the collection, payment, preservation, development and balancing of the
social insurance fund.
6. To
inspect and examine the observance of the law on social insurance; to settle
complaints and denunciations and handle violations of the law on social
insurance.
7. To
carry out international cooperation on social insurance.
Article
8. State management agencies in charge of social insurance
1. The
Government shall perform the unified state management of social insurance.
2. The
Ministry of Labor, War Invalids and Social Affairs shall take responsibility
before the Government for performing the state management of social insurance.
3.
Ministries and ministerial-level agencies shall, within the ambit of their
tasks and powers, perform the state management of social insurance.
4.
Vietnam Social Security shall participate and coordinate with the Ministry of
Labor, War Invalids and Social Affairs, the Ministry of Finance and People’s
Committees of provinces and centrally run cities (below referred to as
provincial-level People’s Committees) in managing the collection, payment,
preservation, development and balancing of the social insurance fund.
5.
People’s Committees at all levels shall perform the state management of social
insurance within their localities as decentralized by the Government.
Article
9. Modernization of social insurance management
1. The
State shall encourage investment in the development of advanced technologies
and technical equipment for social insurance management and implementation.
2. By
2020, the national e-database on social insurance management shall be
completely built and put into operation.
Article
10. Social insurance-related responsibilities of the Minister of
Labor,
Invalids, and Social Affairs
1. To
formulate strategies, master plans and plans on social insurance development.
2. To
formulate policies and law on social insurance; to submit to competent state
agencies for promulgation or promulgate within his/her competence legal
documents on social insurance.
3. To
develop and submit to the Government development targets for social insurance
participants.
4. To
propagate and disseminate policies and law on social insurance.
5. To
direct, guide, and organize the implementation of, policies and law on social
insurance.
6. To
inspect, examine, handle violations and settle complaints and denunciations
about social insurance, except those specified in Clause 2, Article 11 of this
Law.
7. To
submit to the Government for decision handling measures in cases of necessity
to protect employees’ legitimate rights and interests related to social
insurance.
8. To
perform statistical and information work on social insurance.
9. To
organize training in social insurance.
10. To
organize scientific research and international cooperation on social insurance.
11. To
annually report on the implementation of social insurance to the Government.
Article
11. Social insurance-related responsibilities of the Minister of Finance
1. To
formulate and submit to competent state agencies for promulgation or promulgate
within his/her competence financial management mechanisms for social insurance
and expenses for social insurance management.
2. To
inspect, examine, handle violations, and settle complaints and denunciations
about financial management of social insurance.
3. To
send annual reports on the management and use of social insurance funds to the
Minister of Labor, War Invalids and Social Affairs for summarization and
reporting to the Government.
Article
12. Social insurance-related responsibilities of People’s Committees at all
levels
1. To
direct and organize the implementation of policies and law on social insurance.
2. To
set development targets for social insurance participants for inclusion in
annual socio-economic development plans and submit them to same- level People’s
Councils for decision.
3. To
propagate and disseminate policies and law on social insurance.
4. To
inspect, examine, handle violations, and settle complaints and denunciations
about social insurance.
5. To
propose to competent state agencies amendments and supplements to policies and
law on social insurance.
Article
13. Social insurance inspection
1. The
labor, war invalid and social affairs inspectorate shall perform the function
of specialized inspection of the implementation of policies and law on social
insurance in accordance with the inspection law.
2. The
finance inspectorate shall perform the function of specialized inspection of
financial management of social insurance in accordance with the inspection law.
3.
Social insurance agencies shall perform the function of specialized inspection
of the payment of social insurance, unemployment insurance and health insurance
premiums in accordance with this Law and other relevant laws.
4. The
Government shall detail this Article.
Article
14. Rights and responsibilities of trade union organizations and the
Vietnam Fatherland Front and its member organizations
1. Trade
union organizations have the following rights:
a/ To
protect the lawful and legitimate rights and interests of insured employees;
b/ To
request employers and social insurance agencies to provide information on
employees’ social insurance;
c/ To
supervise the implementation, and propose competent agencies to handle
violations, of the law on social insurance;
d/ To
initiate lawsuits at a court against violations of the law on social insurance
which affect the lawful rights and interests of employees and employee
collectives under Clause 8, Article 10 of the Trade Union Law.
2. Trade
union organizations have the following responsibilities:
a/ To
propagate and disseminate policies and law on social insurance to employees;
b/ To
participate in inspecting and examining the implementation of the law on social
insurance;
c/ To
propose and participate in the elaboration, revision and supplementation of
policies and law on social insurance.
3. The
Vietnam Fatherland Front and its member organizations shall, within the ambit
of their functions and tasks, conduct public information work and mobilize
their members and people to implement policies and law on social insurance and
proactively participate in social insurance in forms suitable to them and their
families; participate in the protection of the lawful and legitimate rights and
interests of their members; provide social counter-arguments for and join state
agencies in the formulation of policies and law on social insurance; and
supervise the implementation of policies and law on social insurance in
accordance with law.
Article
15. Rights and responsibilities of employers’ representative organizations
1.
Employers’ representative organizations have the following rights:
a/ To
protect the lawful rights and interests of the insured employers;
b/ To
propose competent state agencies to handle violations of the law on social
insurance.
2.
Employers’ representative organizations have the following responsibilities:
a/ To
propagate and disseminate policies and law on social insurance to employers;
b/ To
participate in examining and supervising the implementation of the law on
social insurance;
c/ To
propose and participate in the formulation, revision and supplementation of
policies and law on social insurance.
Article
16. Reporting and audit regimes
1.
Annually, the Government shall report to the National Assembly on the
implementation of policies and law on social insurance, and the management and
use of the social insurance fund.
2. Once
every three years, the State Audit Office shall audit the social insurance fund
and report on audit results to the National Assembly. At the request of the
National Assembly, the National Assembly Standing Committee or the Government,
the social insurance fund shall be audited unexpectedly.
Article
17. Prohibited acts
1.
Shirking the payment of compulsory social insurance or unemployment insurance
premiums.
2.
Delaying the payment of social insurance or unemployment insurance premiums.
3.
Appropriating social insurance or unemployment insurance premiums or
allowances.
4.
Falsifying or forging dossiers in the implementation of social insurance or
unemployment insurance.
5.
Illegally using the social insurance fund or unemployment insurance fund.
6.
Causing obstacles or troubles to, or harming the lawful and legitimate rights
and interests of, employees or employers.
7.
Illegally accessing or exploiting the database on social insurance or
unemployment insurance.
8.
Making untruthful reports or providing inaccurate information or data on social
insurance or unemployment insurance.
Chapter
II
RIGHTS AND RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS
AND SOCIAL INSURANCE AGENCIES
Article
18. Rights of employees
1. To
participate in social insurance and enjoy social insurance regimes in
accordance with this Law.
2. To be
granted and manage social insurance books.
3. To
fully and promptly receive pensions and social insurance allowances in one of
the following forms:
a/
Directly from social insurance agencies or service organizations authorized by
social insurance agencies;
b/ Via
their deposit accounts opened at banks;
c/
Through employers.
4. To enjoy
health insurance in the following cases:
a/ Being
on pension;
b/
Taking leave on maternity allowance for childbirth or child adoption;
c/
Taking leave on monthly labor accident or occupational disease allowance;
d/ Being
on sickness allowance, for employees who suffer a disease on the Ministry of
Health-issued list of diseases requiring long-term treatment.
5. To
take medical assessment of their working capacity decrease, if they fall in the
case specified at Point b, Clause 1, Article 45 of this Law and have their
period of social insurance premium payment reserved; not to pay medical
assessment costs if they are eligible to social insurance.
6. To
authorize others to receive pensions or social insurance allowances.
7. Every
6 months, to be provided by employers with information on the payment of social
insurance premiums; every year, to have the payment of social insurance
premiums certified by social insurance agencies; to request employers and
social insurance agencies to provide information on the payment of social
insurance premiums and enjoyment of social insurance.
8. To
lodge complaints or denunciations or initiate lawsuits about social insurance
in accordance with law.
Article
19. Responsibilities of employees
1. To
pay social insurance premiums in accordance with this Law.
2. To
comply with regulations on making of social insurance dossiers.
3. To
preserve social insurance books.
Article
20. Rights of employers
1. To
reject requests which are contrary to the law on social insurance.
2. To
lodge complaints or denunciations or initiate lawsuits about social insurance
in accordance with law.
Article
21. Responsibilities of employers
1. To
make dossiers for employees to be granted social insurance books, pay social
insurance premiums and enjoy social insurance.
2. To
pay social insurance premiums under Article 86, and make monthly deductions
from employees’ salaries under Clause 1, Article 85, of this Law for
simultaneous payment to the social insurance fund.
3. To
introduce employees defined at Point a, Clause 1, in Clause 2, Article 45, or
in Article 55, of this Law to the Medical Assessment Council for assessment of
their working capacity decrease.
4. To
coordinate with social insurance agencies in paying social insurance allowances
to employees.
5. To
coordinate with social insurance agencies in returning social insurance books
to and certifying periods of social insurance premium payment for employees who
terminate labor contracts or working contracts or cease working in accordance
with law.
6. To provide
accurate, sufficient and prompt information and documents relating to the
payment of social insurance premiums and enjoyment of social insurance at the
request of competent state management agencies or social insurance agencies.
7. Every
6 months, to post up information on the payment of social insurance premiums
for employees; to provide information on employees’ payment of social insurance
premiums at the request of employees or trade union organizations.
8.
Annually, to post up information on employees’ payment of social insurance
premiums provided by social insurance agencies under Clause 7, Article 23 of
this Law.
Article
22. Rights of social insurance agencies
1. To
organize the management of personnel, finance and assets in accordance with
law.
2. To
reject unlawful claims for social insurance, unemployment insurance or health
insurance allowances.
3. To
request employers to produce labor management books, salary tables and other
information and documents relating to the payment of social insurance,
unemployment insurance and health insurance premiums and enjoyment of social
insurance, unemployment insurance or health insurance.
4. To be
provided by enterprise registration agencies or agencies granting operation
certificates or operation licenses with copies of enterprise registration
certificates, operation licenses, operation certificates or establishment
decisions in order to register employees covered by social insurance and health
insurance, for newly established enterprises and organizations.
5. Every
6 months, to be provided by local state management agencies in charge of labor
with information on employment and change of employees in localities.
6. To be
provided by tax agencies with tax identification numbers of employers; to be
annually provided with information on employers’ salary expenses used for tax
calculation.
7. To
examine the implementation of social insurance policies; to conduct specialized
inspection of the payment of social insurance, unemployment insurance and
health insurance premiums.
8. To
propose to competent state agencies the formulation, revision and
supplementation of policies and laws on social insurance, unemployment
insurance and health insurance and the management of social insurance,
unemployment insurance and health insurance funds.
9. To
handle, or propose competent state agencies to handle, violations of the laws
on social insurance, unemployment insurance and health insurance.
Article
23. Responsibilities of social insurance agencies
1. To
propagate and disseminate policies and laws on social insurance, unemployment
insurance and health insurance.
2. To
issue forms of social insurance and unemployment insurance books and dossiers
after reaching agreement with the Ministry of Labor, War Invalids and Social
Affairs.
3. To
collect social insurance, unemployment insurance and health insurance premiums
and pay social insurance, unemployment insurance and health insurance
allowances in accordance with law.
4. To
grant social insurance books to employees; to manage social insurance books
after settling the retirement regime or survivorship allowance regime for
employees.
5. To
receive social insurance and health insurance dossiers; to settle social
insurance and health insurance regimes; to pay pensions and social insurance
and unemployment insurance allowances in a full, convenient and timely manner.
6. To
annually certify periods of social insurance premium payment for each employee;
to fully and promptly provide information on the payment of social insurance
premiums, the right to social insurance regimes, and procedures for social
insurance implementation at the request of employees, employers or trade union
organizations.
7. To
annually provide information on employees’ payment of social insurance premiums
to employers to posting.
8. To
apply information technology to social insurance management; to archive the
insured’s dossiers in accordance with law.
9. To
manage and use social insurance, unemployment insurance and health insurance
funds in accordance with law.
10. To
take measures to preserve and develop social insurance, unemployment insurance
and health insurance funds under decisions of the Management Board of Vietnam
Social Security.
11. To
perform statistical and financial accounting work on social insurance, unemployment
insurance and health insurance.
12. To
provide professional training in and guidance on social insurance, unemployment
insurance and health insurance.
13. To
report to the Management Board of Vietnam Social Security every 6 months and to
the Ministry of Labor, War Invalids and Social Affairs every year on the
implementation of social insurance and unemployment insurance; to report to the
Ministry of Health on the implementation of health insurance; to report to the
Ministry of Finance on the management and use of social insurance, unemployment
insurance and health insurance funds.
Annually,
local social insurance agencies shall report to same-level People’s Committees
on the implementation of social insurance, unemployment insurance and health insurance
in localities under their management.
14. To
publicize in the mass media employers that violate the obligation to pay social
insurance, unemployment insurance or health insurance premiums.
15. To
provide relevant documents and information at the request of competent state
agencies.
16. To
settle complaints and denunciations about the implementation of social
insurance, unemployment insurance and health insurance in accordance with law.
17. To
carry out international cooperation on social insurance, unemployment insurance
and health insurance.
Chapter
III
COMPULSORY SOCIAL INSURANCE
Section
1. SICKNESS REGIME
Article
24. Coverage of the sickness regime
The
sickness regime covers employees defined at Points a, b, c, d, dd and h, Clause
1, Article 2 of this Law.
Article
25. Conditions for enjoying the sickness regime
1.
Employees who have to take leave due to sickness or accidents other than labor
accidents, with the certification of a competent health establishment under the
Ministry of Health’s regulations.
The
sickness regime does not cover employees who take leave due to sickness or
accidents as a result of self-infliction, drunkenness or use of narcotics or
narcotic precursors on the Government-prescribed list.
2.
Employees who have to take leave for caring for sick children aged under 7
years, with the certification of a competent health establishment.
Article
26. Period of enjoying the sickness regime
1. The
maximum period of enjoying the sickness regime in a year for employees defined
at Points a, b, c, d and h, Clause 1, Article 2 of this Law shall be counted in
working days, excluding public holidays, New Year holidays and weekends, and is
specified as follows:
a/ For
employees working under normal conditions, this period is 30 days, if they have
paid social insurance premiums for under 15 years; 40 days, if they have paid
social insurance premiums for between full 15 years and under 30 years; or 60
days, if they have paid social insurance premiums for full 30 years or more;
b/ For
employees doing heavy, hazardous or dangerous occupations or jobs extremely
heavy, hazardous or dangerous occupations or jobs on the list issued by the
Ministry of Labor, War Invalids and Social Affairs, or working in areas with a
region-based allowance coefficient of 0.7 or higher, this period is 40 days, if
they have paid social insurance premiums for under 15 year; 50 days, if they
have paid social insurance premiums for between full 15 years and under 30
years; or 70 days, if they have paid social insurance premiums for full 30
years or more.
2. For
employees who take leave due to diseases on the Ministry of Health-issued list
of diseases requiring long-term treatment, the period of enjoying the sickness
regime is specified as follows:
a/ 180
days at most in a year, including public holidays, New Year holidays and
weekends;
b/ If
employees still need treatment after the expiration of the period specified at
Point a of this Clause, they are entitled to continue enjoying the sickness
regime for a shorter period not exceeding the period of social insurance
premium payment.
3. The
period of enjoying the sickness regime for employees defined at Point dd,
Clause 1, Article 2 of this Law shall be based on the period of treatment at a
competent health establishment.
Article
27. Leave period upon sickness of children
1. The
leave period upon sickness of a child in a year shall be calculated based the
number of days of care for the sick child, which must not exceed 20 working
days, if the child is under 3 years old, or must not exceed 15 working days, if
the child is between full 3 years and under 7 years old.
2. When
both parents are covered by social insurance, the leave period of the father or
mother upon sickness of a child must be as stipulated in Clause 1 of this
Article.
The leave
period upon sickness of children specified in this Article shall be counted in
working days, excluding public holidays, New Year holidays and weekends.
Article
28. Allowance levels of the sickness regime
1.
Employees entitled to the sickness regime prescribed in Clause 1, or at Point
a, Clause 2, Article 26, or in Article 27, of this Law are entitled to a
monthly allowance equal to 75% of the salary of the month preceding their leave
on which social insurance premiums are based.
An
employee who has just started working or who previously paid social insurance
premiums and then ceased working for a certain time and has to take leave under
the sickness regime right in the first month after return to work, is entitled
to an allowance equal to 75% of the salary of that month on which social
insurance premiums are based.
2. For
employees who continue enjoying the sickness regime prescribed at Point b,
Clause 2, Article 26 of this Law, the allowance must equal:
a/ 65%
of the salary of the month preceding their leave on which social insurance
premiums are based, if they have paid social insurance premiums for full 30
years or more;
b/ 55%
of the salary of the month preceding their leave on which social insurance
premiums are based, if they have paid social insurance premiums for between
full 15 years and under 30 years;
c/ 50%
of the salary of the month preceding their leave on which social insurance
premiums are based, if they have paid social insurance premiums for under 15
years.
3. For
employees entitled to the sickness regime prescribed in Clause 3, Article 26 of
this Law, the allowance must equal 100% of the salary of the month preceding
their leave on which social insurance premiums are based.
4. The
per-diem sickness allowance must equal the monthly sickness allowance divided
by 24 days.
Article
29. Convalescence and health rehabilitation after sickness
1. An
employee who has taken leave under the sickness regime for the full number of
days in a year prescribed in Article 26 of this Law, but whose health has not
yet recovered within 30 days after return to work, is entitled to a leave of
between 5 days and 10 days in a year for convalescence and health
rehabilitation.
The
leave period for convalescence and health rehabilitation is inclusive of public
holidays, New Year holidays and weekends. The leave period which lasts from the
end of a year to the following year shall be counted for the previous year.
2. The
number of days of a leave for convalescence and health rehabilitation shall be
jointly decided by the employer and grassroots Trade Union Executive Committee,
or by the employer in case the grassroots Trade Union has not yet been set up,
specifically as follows:
a/ 10
days at most, for employees whose health has not yet recovered after suffering
a disease requiring long-term treatment;
b/ 7
days at most, for employees whose health has not yet recovered after undergoing
an operation;
c/ 5
days, in other cases.
3. The
per-diem allowance for convalescence and health rehabilitation after sickness
must equal 30% of the basic salary.
Section
2. MATERNITY REGIME
Article
30. Coverage of the maternity regime
The
maternity regime covers employees defined at Point a, b, c, d, dd and h, Clause
1, Article 2 of this Law.
Article
31. Conditions for enjoying the maternity regime
1.
Employees shall be covered by the maternity regime in one of the following
cases:
a/
Pregnant female employees;
b/
Female employees giving birth to children;
c/
Female employees as surrogate mothers and intended mothers;
d/
Employees adopting under-6-month children;
dd/
Female employees having intrauterine devices or employees taking sterilization
measures;
e/ Male
employees currently paying social insurance premiums whose wives give birth to
children.
2. To
enjoy the maternity regime, employees defined at Points b, c and d, Clause 1 of
this Article must have paid social insurance premiums for at least full 6
months within 12 months before childbirth or child adoption.
3. To
enjoy the maternity regime, employees defined at Point b, Clause 1 of this
Article who have paid social insurance premiums for at least full 12 months and
need to take a leave during pregnancy for pregnancy care as prescribed by a
competent health establishment must have paid social insurance premiums for at
least full 3 months within 12 months before childbirth.
4.
Employees who fully satisfy the conditions specified in Clause 2 or 3 of this
Article and terminate their labor contracts or working contracts or cease
working before the time of childbirth or the time of adoption of under-6-month
children are still entitled to the maternity regime prescribed in Articles 34,
36 and 38, and Clause 1, Article 39, of this Law.
Article
32. Leave period for prenatal checks-up
1.
Pregnant female employees are entitled to take leaves for 5 prenatal checks-up,
one day for each check-up; employees who live far from health establishments or
have pathological signs or abnormal pregnancies are entitled to take a two-day
leave for each prenatal check-up.
2. The
leave period specified in this Article shall be counted in working days,
excluding public holidays, New Year holidays and weekends.
Article
33. Leave period upon miscarriage, abortion, stillbirth or pathological
abortion
1. When
getting miscarriage, abortion, stillbirth or pathological abortion, a female
employee may take a maternity leave as prescribed by a competent health
establishment. The maximum leave period is:
a/ 10
days, for pregnancy of under 5 weeks;
b/ 20
days, for pregnancy of between 5 weeks and under 13 weeks; c/ 40 days, for pregnancy
of between 13 weeks and under 25 weeks; d/ 50 days, for pregnancy of 25 weeks
or more.
2. The
maternity leave period specified in Clause 1 of this Article is inclusive of
public holidays, New Year holidays and weekends.
Article
34. Leave period for childbirth
1.
Female employees are entitled to a 6-month leave before and after childbirth
under the maternity regime. For a female employee who gives birth to twins or
more infants, she is entitled to an additional leave of 1 month for each infant
from the second.
The
maternity leave period before childbirth must not exceed 2 months.
2. Male
employees currently paying social insurance premiums whose wives give birth to
children are entitled to a maternity leave of:
a/ 5
working days;
b/ 7
working days, in case their wives undergo a surgical birth or give birth to
children before 32 weeks of pregnancy;
c/ 10
working days, in case their wives give birth to twins; or additional 3 working
days for each infant from the second;
d/ 14
working days, in case their wives give birth to twins or more infants and take
childbirth operation.
The
maternity leave period specified in this Clause must be within the first 30
days after the date of childbirth.
3. After
childbirth, if an under-2-month child dies, the mother is entitled to a 4-month
leave from the date of childbirth; if a child aged 2 months or older dies, the
mother is entitled to a 2-month leave from the date of the child’s death, but
the maternity leave period must not exceed the period specified in Clause 1 of this
Article; such leave period shall not be included in the period of personal
leave as prescribed by the labor law.
4. In
case only the mother is covered by social insurance or both parents are covered
by social insurance but the mother dies in childbirth, the father or the direct
fosterer is entitled to a maternity leave for the remaining period applicable
to the mother as specified in Clause 1 of this Article. In case the mother who
is covered by social insurance but does not fully satisfy the conditions
specified in Clause 2 or 3, Article 31 of this Law, dies, the father or the
direct fosterer is entitled to a maternity leave until the child reaches full 6
months.
5. The
father or the direct fosterer who is covered by social insurance but does not
take a leave under Clause 4 of this Article is entitled to not only his/her
salary but also the maternity regime for the remaining period applicable to the
mother as specified in Clause 1 of this Article.
6. In
case only the father is covered by social insurance and the mother dies in
childbirth or faces a postnatal risk that makes her unable to care for the
child, as certified by a competent health establishment, the father is entitled
to a maternity leave until the child reaches full 6 months.
7. The
maternity leave period specified in Clause 1, 3, 4, 5 or 6 of this Article is
inclusive of public holidays, New Year holidays and weekends.
Article
35. Maternity regime of female employees as surrogate mothers and intended
mothers
1. A
female employee as surrogate mother is entitled to the prescribed regime when
getting prenatal check-ups, miscarriage, abortion, stillbirth or pathological
abortion, and take a maternity leave until the time of relinquishing the child
to the intended mother, with the leave period not exceeding the period
specified in Clause 1, Article 34 of this Law. In case the maternity leave
period is under 60 days from the date of childbirth to the time of
relinquishing the child, surrogate mothers are entitled to continue enjoying
the maternity regime until such leave period reaches full 60 days, including
public holidays, New Year holidays and weekends.
2.
Intended mothers are entitled to a maternity leave from the time of receiving
the child until the child reaches full 6 months.
3. The
Government shall provide in detail the maternity regime, and procedures for
enjoying the maternity regime applicable to female employees as surrogate
mothers and intended mothers.
Article
36. Leave period for child adoption
Employees
adopting an under-6-month child are entitled to a maternity leave until the
child reaches full 6 months. In case both parents are covered by social
insurance and fully satisfy the conditions for enjoying the maternity regime as
specified in Clause 2, Article 31 of this Law, either father or mother only is
entitled to a maternity leave.
Article
37. Leave period when taking contraceptive measures
1. When
taking contraceptive measures, employees are entitled to the maternity regime
as prescribed by competent health establishments. The maximum leave period is:
a/ 7
days, for female employees implanted with intrauterine devices;
b/ 15
days, for employees taking sterilization measures.
2. The
maternity leave period specified in Clause 1 of this Article is inclusive of
public holidays, New Year holidays and weekends.
Article
38. Lump-sum allowance upon childbirth or child adoption
Female
employees giving birth or employees adopting an under-6-month child are
entitled to a lump-sum allowance equaling 2 times the basic salary for each
child in the month of childbirth or child adoption.
In case
the mother gives birth to a child but only the father is covered by social
insurance, the father is entitled to a lump-sum allowance equaling 2 times the
basic salary for each child in the month of childbirth.
Article
39. Allowance levels of the maternity regime
1. For
employees entitled to the maternity regime as prescribed in Articles 32 thru 37
of this Law, the allowance levels shall be calculated as follows:
a/ A
monthly allowance must equal 100% of the average of salaries of 6 months
preceding the leave on which social insurance premiums are based. For employees
who have paid social insurance premiums for only under 6 months, the allowance
level under the maternity regime specified in Article 32 or 33, Clause 2, 4, 5
or 6, Article 34, or Article 37, of this Law, is the average of salaries of the
months for which social insurance premiums have been paid;
b/ The
per-diem allowance for the case specified in Article 32, or Clause 2, Article
34, of this Law must equal the monthly maternity allowance divided by 24 days;
c/ The
allowance level after childbirth or child adoption shall be calculated based on
the monthly allowance specified at Point a, Clause 1 of this Article; in case
of odd days or the case specified in Article 33 or 37 of this Law, the per-
diem allowance must equal the monthly allowance divided by 30 days.
2. The
maternity leave period of 14 working days or more in a month shall be regarded
as a period of social insurance premium payment. During this period, employees
and employers are not required to pay social insurance premiums.
3. The
Minister of Labor, Invalids and Social Affairs shall stipulate in detail the
conditions for and period of enjoyment and levels of allowances applicable to
the subjects defined in Article 24, and Clause 1, Article 31, of this Law.
Article
40. Female employees going to work prior to the expiration of the maternity
leave period
1.
Female employees may go to work prior to the expiration of the maternity leave
period specified in Clause 1 or 3, Article 34 of this Law when fully meeting
the following conditions:
a/
Having taken a leave for at least 4 months;
b/
Notifying in advance their wish to go to work prior to the expiration of the
maternity leave period and obtaining the consent of their employers.
2.
Female employees who go to work prior to the expiration of the maternity leave
period are entitled to not only salaries but also the maternity regime until
the expiration of the period specified in Clause 1 or 3, Article 34 of this
Law.
Article
41. Convalescence and health rehabilitation after the maternity leave
period
1.
Female employees whose health has not yet recovered within the first 30 working
days after the maternity leave period specified in Article 33, or Clause 1 or
3, Article 34, of this Law, are entitled to a leave for convalescence and
health rehabilitation of between 5 and 10 days.
The
leave period for convalescence and health rehabilitation is inclusive of public
holidays, New Year holidays and weekends. The leave period for convalescence
and health rehabilitation which lasts from the end of a year to the following
year shall be counted for the previous year.
2. The
number of days of a leave period for convalescence and health rehabilitation
specified in Clause 1 of this Article shall be jointly decided by the employer
and grassroots Trade Union Executive Committee, or by the employer in case the
grassroots Trade Union organization has not yet been set up. The maximum leave
period for convalescence and health rehabilitation is:
a/ 10
days, for female employees who give birth to twins or more infants;
b/ 7
days, for female employees who have a surgical birth;
c/ 5
days, in other cases.
3. The
per-diem allowance for convalescence and health rehabilitation after maternity
leave period must equal 30% of the basic salary.
Section
3. LABOR ACCIDENT AND OCCUPATIONAL DISEASE REGIMES
Article
42. Coverage of labor accident and occupational disease regimes
Labor
accident and occupational disease regimes cover employees defined at Points a,
b, c, d, dd, e and h, Clause 1, Article 2 of this Law.
Article
43. Conditions for enjoying the labor accident regime
Employees
are entitled to the labor accident regime when fully satisfying the following
conditions:
1.
Getting accidents in one of the following cases:
a/ At
the workplace and during working hours;
b/
Outside the workplace or beyond working hours while performing tasks assigned
by their employers;
c/ On a
route to and from residence and workplace within a rational time and on a
rational route.
2.
Suffering a working capacity decrease of 5% or more after getting accidents
specified in Clause 1 of this Article.
Article
44. Conditions for enjoying the occupational disease regime
Employees
are entitled to the occupational disease regime when fully satisfying the
following conditions:
1.
Getting a disease on the list of occupational diseases jointly issued by the
Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs,
when working in a hazardous environment or doing hazardous jobs;
2.
Suffering a working capacity decrease of 5% or more after getting the disease
specified in Clause 1 of this Article.
Article
45. Assessment of working capacity decrease
1.
Employees getting a labor accident or an occupational disease are entitled to
assessment or re-assessment of their working capacity decrease when falling in
either of the following cases:
a/ Their
health conditions have become stable after treatment of an injury or a disease;
b/ Their
health conditions have become stable after treatment of a recurring injury or
disease.
2.
Employees are entitled to thorough assessment of their working capacity
decrease when falling in one of the following cases:
a/
Getting both a labor accident and an occupational disease;
b/ Getting
labor accidents repeatedly;
c/
Getting many occupational diseases.
Article
46. Lump-sum allowance
1.
Employees suffering a working capacity decrease of between 5% and 30% are
entitled to a lump-sum allowance.
2. The
lump-sum allowance levels are specified as follows:
a/
Employees suffering a 5% working capacity decrease are entitled to an allowance
equaling 5 times the basic salary, which shall be added with half of the basic
salary for each additional 1% working capacity decrease;
b/ In
addition to the allowance level specified at Point a of this Clause, employees
are entitled to an additional allowance calculated based on the period of
social insurance premium payment, which equals half of the salary of the month
preceding the leave taken for treatment on which social insurance premiums are
based, for a period of social insurance premium payment of one year or less,
and shall then be added with 0.3 of the salary of the month preceding the leave
taken for treatment on which social insurance premiums are based, for each
additional year of social insurance premium payment.
Article
47. Monthly allowance
1.
Employees suffering a working capacity decrease of 31% or more are entitled to
a monthly allowance.
2. The
monthly allowance levels are specified as follows:
a/ For
employees suffering a 31% working capacity decrease, the monthly allowance must
equal 30% of the basic salary, which shall be added with 2% of the basic salary
for each additional 1% working capacity decrease;
b/ In
addition to the allowance level specified at Point a of this Clause, employees
are entitled to receive every month an additional allowance calculated based on
the period of social insurance premium payment, which equals half of the salary
of the month preceding the leave taken for treatment on which social insurance
premiums are based, for a period of social insurance premium payment of one
year or less, and shall then be added with 0.3% of the salary of the month
preceding the leave taken for treatment on which social insurance premiums are
based, for each additional year of social insurance premium payment.
Article
48. Time for allowance enjoyment
1. The
time for employees to enjoy the allowance specified in Article 46, 47 or 50 of
this Law shall be counted from the month they are completely treated and
discharged from hospital.
2. When
their injuries or diseases recur and employees have their working capacity
decrease re-assessed, the time for them to enjoy the allowance shall be counted
from the month when the Medical Assessment Council makes conclusion.
Article
49. Daily-life aid equipment and orthopedic devices
Employees
getting a labor accident or an occupational disease which damages their body
functions shall, depending on the conditions of their injury or disease, be
annually provided with daily-life aid equipment and orthopedic devices.
Article
50. Attendance allowance
Employees
suffering a working capacity decrease of 81% or more, such as rachioplegia,
total blindness, paraplegia, amputation of two legs or a mental disease, are
entitled to not only the allowance specified in Article 47 of this Law but also
a monthly attendance allowance equal to the basic salary.
Article
51. Lump-sum allowance upon death due to labor accidents or occupational
diseases
For
employees who die of a labor accident or an occupational disease while working
or die during the period of first-time medical treatment due to a labor
accident or an occupational disease, their relatives are entitled to a lump-
sum allowance equaling 36 times the basic salary.
Article
52. Convalescence and health rehabilitation after injury or disease
treatment
1.
Employees whose health has not yet recovered after taking treatment of
occupational diseases or injuries caused by labor accidents are entitled to a
leave of between 5 days and 10 days for convalescence and health
rehabilitation.
2. The
per-diem allowance is equivalent to 25% of the basic salary, if convalescence
and health rehabilitation take place at home; or equivalent to 40% of the basic
salary, if convalescence and health rehabilitation take place at health
establishments.
Section
4. RETIREMENT REGIME
Article
53. Coverage of the retirement regime
The
retirement regime covers employees specified in Clause 1, Article 2 of this
Law.
Article
54. Conditions for pension enjoyment
1.
Employees defined at Points a, b, c, d, g, h and i, Clause 1, Article 2 of this
Law, except those defined in Clause 3 of this Article, who have paid social
insurance premiums for at least full 20 years are entitled to pension when
falling in one of the following cases:
a/ Being
full 60 years old, for men, or full 55 years old, for women;
b/ Being
between full 55 years and full 60 years old, for men, or between full 50 years
and full 55 years old, for women, and having full 15 years doing heavy,
hazardous or dangerous occupations or jobs or extremely heavy, hazardous or
dangerous occupations or jobs on the list jointly issued by the Ministry of
Labor, War Invalids and Social Affairs and the Ministry of Health, or having
full 15 years working in areas with a region-based allowance coefficient of 0.7
or higher;
c/
Employees who are between full 50 years and full 55 years old and have paid
social insurance premiums for at least full 20 years, including full 15 years
spent in coal mines;
d/
Employees who are infected with HIV/AIDS due to occupational risks.
2.
Employees defined at Points dd and e, Clause 1, Article 2 of this Law, who
cease working after having paid social insurance premiums for at least full 20
years, are entitled to pension when falling in one of the following cases:
a/ Being
full 55 years old, for men, or full 50 years old, for women, unless otherwise
provided by the Law on Officers of the Vietnam People’s Army, the Law on
People’s Public Security or the Law on Cipher;
b/ Being
between full 50 years and full 55 years old, for men, or between full 45 years
and full 50 years old, for women, and having full 15 years doing heavy,
hazardous or dangerous occupations or jobs or extremely heavy, hazardous or
dangerous occupations or jobs on the list jointly issued by the Ministry of
Labor, War Invalids and Social Affairs and the Ministry of Health, or having
full 15 years working in areas with a region-based allowance coefficient of 0.7
or higher;
c/
Employees who are infected with HIV/AIDS due to occupational risks.
3.
Female employees who are full-time or part-time staffs in communes, wards or
townships, and cease working after having paid social insurance premiums for
between full 15 years and under 20 years, and are full 55 years old, are entitled
to pension.
4. The
Government shall stipulate the conditions on retirement ages for pension
enjoyment in special cases; and the conditions for pension enjoyment for the
subjects defined at Points c and d, Clause 1, and Point c, Clause 2, of this
Article.
Article
55. Conditions for employees to enjoy pension when suffering working
capacity decrease
1.
Employees defined at Points a, b, c, d, g, h, and i, Clause 1, Article 2 of
this Law, who cease working after having paid social insurance premiums for at
least full 20 years, are entitled to pension lower than that applicable to
persons who fully satisfy the conditions for pension enjoyment as specified at
Points a and b, Clause 1, Article 54 of this Law when falling in one of the
following cases:
a/ Since
January 1, 2016, men who are full 51 years old, and women who are full 46 years
old and suffer a working capacity decrease of 61% or more will be eligible to
pension. These age levels will increase one year after each year until 2020,
when only men who are full 55 years old and women who are full 50 years old
will be eligible to pension when suffering a working capacity decrease of 61%
or more;
b/ Being
full 50 years old, for men, or 45 years old, for women, and suffering a working
capacity decrease of 81% or more;
c/
Suffering a working capacity decrease of 61% or more and having full 15 years
doing extremely heavy, hazardous or dangerous occupations or jobs on the list
jointly issued by the Ministry of Labor, War Invalids and Social Affairs and
the Ministry of Health.
2.
Employees defined at Points dd and e, Clause 1, Article 2 of this Law, who
cease working after having paid social insurance premiums for at least full 20
years, and suffer a working capacity decrease of 61% or more, are entitled to
pension lower than that applicable to persons who fully satisfy the conditions
for pension enjoyment as specified at Points a and b, Clause 2, Article 54 of
this Law when falling in either of the following cases:
a/ Being
full 50 years old, for men, 45 years old, for women;
b/
Having at least full 15 years doing extremely heavy, hazardous or dangerous
occupations or jobs in the list jointly issued by the Ministry of Labor, War
Invalids and Social Affairs and the Ministry of Health.
Article
56. Monthly pension
1. From
the effective date of this Law to January 1, 2018, the monthly pension of
employees who fully satisfy the conditions specified in Article 54 of this Law
must equal 45% of the average monthly salary on which social insurance premiums
are based as prescribed in Article 62 of this Law, corresponding to 15 years of
social insurance premium payment, which shall be added with 2%, for men, or 3%,
for women, for each additional year of social insurance premium payment, but
must not exceed 75%.
2. Since
January 1, 2018, the monthly pension of employees who fully satisfy the
conditions specified in Article 54 of this Law will equal 45% of the average
monthly salary on which social insurance premiums are based as prescribed in
Article 62 of this Law, and correspond to the following period of social
insurance premium payment:
a/ For
male employees who retire in 2018, 2019, 2020 and 2021 and since 2022, it is 16
years, 17 years, 18 years, 19 years and 20 years, respectively;
b/ For
female employees who retire since 2018, it is 15 years;
For
employees defined at Points a and b of this Clause, the pension rate shall be
added with 2% for each additional year of social insurance premium payment, but
must not exceed 75%.
3. The
monthly pension of employees who fully satisfy the conditions specified in
Article 55 of this Law shall be calculated as stipulated in Clauses 1 and 2 of
this Article, and reduced by 2% for each year of early retirement.
In case
an employee’s age is short of up to 6 months compared to the retirement age,
his/her pension shall be reduced by 1%; if his/her age is short of under 6
months, his/her pension shall not be reduced due to early retirement.
4. The
monthly pension of female employees who fully satisfy the conditions for
pension enjoyment specified in Clause 3 of Article 54 shall be calculated based
on the period of social insurance premium payment and average monthly salary on
which social insurance premiums are based, specifically as follows: for a
period of full 15 years, the monthly pension must equal 45% of the average
monthly salary on which social insurance premiums are based as specified in
Article 62 of this Law; for a period of between full 16 years to under 20
years, the monthly pension shall be added with 2% for each additional year of payment.
5. The
lowest monthly pension of employees covered by compulsory social insurance who
fully satisfy the conditions for pension enjoyment specified in Article 54 or
55 of this Law must equal the basic salary, except the cases specified at Point
i, Clause 1, Article 2, and Clause 3, Article 54, of this Law.
6. The
Government shall detail this Article.
Article
57. Adjustment of pension
The
Government shall stipulate the adjustment of pension based on the increase in
the consumer price index and economic growth to suit the state budget capacity
and social insurance fund.
Article
58. Lump-sum allowance upon retirement
1.
Employees who have paid social insurance premiums for a period exceeding the
number of years corresponding to the 75% pension rate are entitled to not only
pension but also a lump-sum allowance upon retirement.
2. The
lump-sum allowance level shall be calculated based on the number of years of
social insurance premium payment in excess of the number of years corresponding
to the 75% pension rate, with half of the average monthly salary on which
social insurance premiums are based for each of these years.
Article
59. Time for pension enjoyment
1. For
employees who are paying compulsory social insurance premiums as defined at
Points a, b, c, d, dd, e and i, Clause 1, Article 2 of this Law, the time for
pension enjoyment is the time stated in work cessation decisions issued by
employers when the employees have fully satisfied the law-prescribed conditions
for pension enjoyment.
2. For
employees who are paying compulsory social insurance premiums as defined at
Point h, Clause 1, Article 2 of this Law, the time for pension enjoyment is the
month following the month when they have fully satisfied the conditions for
pension enjoyment and submitted written requests to social insurance agencies.
3. For
employees defined at Point g, Clause 1, Article 2 of this Law and persons who
have their period of social insurance premium payment reserved, the time for
pension enjoyment is the time stated in the written requests of the employees
who have fully satisfied the prescribed conditions for pension enjoyment.
4. The
Minister of Labor, Invalids and Social Affairs shall stipulate in detail the
time for pension enjoyment for employees defined in Clause 1, Article 2 of this
Law.
Article
60. Lump-sum social insurance allowance
1.
Employees defined in Clause 1, Article 2 of this Law are entitled to a lump-sum
social insurance allowance upon their request when falling in one of the
following cases:
a/ They
have reached the retirement age specified in Clause 1, 2 or 4, Article 54 of
this Law but have paid social insurance premiums for under full 20 years, or
the age specified in Clause 3, Article 54 of this Law but have paid social
insurance premiums for under full 15 years and do not continue paying voluntary
social insurance premiums;
b/ They
settle abroad;
c/ They
get a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy,
serious tuberculosis, or HIV infection progressing into AIDS, or other diseases
as prescribed by the Ministry of Health;
d/
Employees defined at Points dd and e, Clause 1, Article 2 of this Law who are
demobilized or cease working without being eligible for pension.
2. The
lump-sum social insurance allowance shall be calculated based on the number of
years of social insurance premium payment; for each year of payment it must
equal:
a/ 1.5
times the average monthly salary on which social insurance premiums are based,
for the years of payment prior to 2014;
b/ 2
times the average monthly salary on which social insurance premiums are based
for the years of payment since 2014;
c/ For a
period of social insurance premium payment of under 1 year, the social
insurance allowance must equal the paid premium amount but not exceed 2 times
the average monthly salary on which social insurance premiums are based.
3. The
lump-sum social insurance allowance specified in Clause 2 of this Article is
exclusive of the State’s monetary support for payment of voluntary social
insurance premiums, except the case specified at Point c, Clause 1 of this
Article.
4. The
time for enjoying the lump-sum social insurance allowance is the time stated in
decisions of social insurance agencies.
Article
61. Reservation of period of social insurance premium payment
Employees
who cease working without being eligible for pension specified in Article 54 or
55 of this Law or without receiving a lump-sum social insurance allowance
provided in Article 60 of this Law are entitled to have their period of social
insurance premium payment reserved.
Article
62. Average monthly salary on which social insurance premiums are based for
calculation of pension and lump-sum allowance
1. For
employees subject to the State-prescribed salary regime and having the entire
period of social insurance premium payment under this salary regime, the
average monthly salary for the number of years of social insurance premium
payment before retirement must be:
a/ The
average monthly salary on which social insurance premiums are based in the last
5 years prior to retirement, for employees paying social insurance premiums
before January 1, 1995;
b/ The
average monthly salary on which social insurance premiums are based in the last
6 years prior to retirement, for employees paying social insurance premiums between
January 1, 1995, and December 31, 2000;
c/ The
average monthly salary on which social insurance premiums are based in the last
8 years prior to retirement, for employees paying social insurance premiums
between January 1, 2001, and December 31, 2006;
d/ The
average monthly salary on which social insurance premiums are based in the last
10 years prior to retirement, for employees paying social insurance premiums
between January 1, 2007, and December 31, 2015;
dd/ The
average monthly salary on which social insurance premiums are based in the last
15 years prior to retirement, for employees paying social insurance premiums
between January 1, 2016, and December 31, 2019;
e/ The
average monthly salary on which social insurance premiums are based in the last
20 years prior to retirement, for employees paying social insurance premiums
between January 1, 2020, and December 31, 2024;
g/ The
average monthly salary on which social insurance premiums are based in the
entire period of social insurance premium payment, for employees paying social
insurance premiums since January 1, 2025.
2. For
employees who have the entire period of social insurance premium payment under
the employer-decided salary regime, the average monthly salary on which social
insurance premiums are based in the entire period of payment shall be used.
3. For
employees who have both a period of social insurance premium payment under the
State-prescribed salary regime and a period of social insurance premium payment
under the employer-decided salary regime, the average monthly salary on which
social insurance premiums are based in these periods shall be used, in which
for the period of social insurance premium payment under the State-prescribed
salary regime, the average monthly salary on which social insurance premiums
are based as specified in Clause 1 of this Article shall be used.
4. The
Government shall detail this Article.
Article
63. Adjustment of salaries for which social insurance premiums have been
paid
1.
Salaries for which social insurance premiums have been paid as a basis for
calculation of the average monthly salary on which social insurance premiums
are based for employees defined in Clause 1, Article 89 of this Law 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.
For
employees who start paying social insurance premiums since January 1, 2016,
their salaries for which social insurance premiums have been paid as a basis
for calculation of the average monthly salary on which social insurance
premiums are based shall be adjusted under Clause 2 of this Article.
2.
Salaries for which social insurance premiums have been paid as a basis for
calculation of the average monthly salary on which social insurance premiums
are based for employees defined in Clause 2, Article 89 of this Law shall be
adjusted based on the consumer price index in each period under the
Government’s regulations.
Article
64. Suspension from or continuation of enjoyment of pension or monthly
social insurance allowance
1.
Persons on pension or monthly social insurance allowance shall be suspended
from enjoying such pension or allowance in one of the following cases:
a/ They
illegally leave the country;
b/ They
are declared missing by the court;
c/ There
are grounds to confirm that their enjoyment of social insurance is illegal.
2.
Pension or monthly social insurance allowance must continue to be paid when
emigrants legally return to reside in the country in accordance with the
residence law. In case there is a court's legally effective decision annulling
the decision to declare missing, they are entitled not only to continue
enjoying such pension or allowance but also to have their pension or monthly
social insurance allowance retrospectively paid since the time of suspension.
3.
Social insurance agencies, when deciding on suspension from enjoyment of social
insurance under Point c, Clause 1 of this Article, shall notify in writing and
clearly state the reason. Within 30 days from the date of suspension, social
insurance agencies shall issue a decision settling the enjoyment; if deciding
on termination of enjoyment of social insurance, they shall clearly state the
reason..
Article
65. Implementation of social insurance regimes for persons on pension or
monthly social insurance allowance who settle abroad
1.
Persons on pension or monthly social insurance allowance who settle abroad are
entitled to a lump-sum allowance.
2. The
lump-sum allowance for pensioners shall be calculated based on their period of
social insurance premium payment, in which for each year of payment of social
insurance premiums prior to 2014, they are entitled to 1.5 months’ current
pension and for each year of payment of social insurance premiums since 2014,
they are entitled to 2 months’ current pension; then for each month they have
received pension, half of a month’s pension shall be deducted from the lump-sum
allowance. The lowest allowance must equal 3 months’ current pension.
3. The
lump-sum allowance for a person on monthly social insurance allowance must
equal 3 months’ current allowance.
Section
5. SURVIVORSHIP ALLOWANCE REGIME
Article
66. Funeral allowance
1. When
the following persons die, the persons who take charge of their funeral are entitled
to a lump-sum funeral allowance:
a/
Employees defined in Clause 1, Article 2 of this Law who are paying social
insurance premiums or employees who have their period of social insurance
premium payment reserved and have paid social insurance premium payment for at
least full 12 months;
b/
Employees who die of a labor accident or an occupational disease or die during
treatment due to a labor accident or an occupational disease;
c/
Persons who are on pension or monthly labor accident or occupational disease
allowance and have ceased working.
2. The
funeral allowance must equal 10 times the basic salary of the month when the
persons defined in Clause 1 of this Article die.
3. When
the persons defined in Clause 1 of this Article are declared dead by the court,
their relatives are entitled to the funeral allowance specified in Clause 2 of
this Article.
Article
67. Cases eligible for monthly survivorship allowance
1. When
the persons defined in Clauses 1 and 3, Article 66 of this Law, who fall in one
of the following cases, die, their relatives are entitled to a monthly
survivorship allowance:
a/ They
have paid social insurance premiums for at least full 15 years but have not yet
received a lump-sum social insurance allowance;
b/ They
are on pension;
c/ They
die of a labor accident or an occupational disease;
d/ They
are on monthly labor accident or occupational disease allowance for their
working capacity decrease of 61% or more.
2.
Relatives of the persons defined in Clause 1 of this Article who are entitled to
a monthly survivorship allowance include:
a/
Children aged under 18 years; children aged full 18 years or older who suffer a
working capacity decrease of 81% or more; or children whose father died while
they are in the womb.
b/ Wives
aged full 55 years or older or husbands aged full 60 years or older; wives aged
under 55 years or husbands aged under 60 years who suffer a working capacity
decrease of 81% or more;
c/
Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other
family members whom the insured are obliged to nurture in accordance with the
law on marriage and family, who are full 60 years or older, for men, or full 55
years or older, for women;
d/
Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other
family members whom the insured are obliged to nurture in accordance with the
law on marriage and family, who are under 60 years old, for men, or under 55
years old, for women, and suffer a working capacity decrease of 81% or more.
3. To
enjoy a monthly survivorship allowance, relatives defined at Points b, c and d,
Clause 2 of this Article must have no income or have monthly income lower than
the basic salary. Incomes referred to in this Law are exclusive of allowances
provided under the law on preferential treatment for people with meritorious
services to the country.
4. The
time limit for requesting an assessment of working capacity decrease for
enjoyment of a monthly survivorship allowance is specified as follows:
a/
Within 4 months from the insured's death, his/her relative shall file a written
request;
b/
Within 4 months before or after the expiration of the time limit for the
relative defined at Point a, Clause 2 of this Article to enjoy allowance under
regulations, he/she shall file a written request.
Article
68. Levels of monthly survivorship allowance
1. The
monthly survivorship allowance for each relative must equal 50% of the basic
salary, or 70% of the basic salary for relatives who have no direct fosterer.
2. For a
dead person defined in Clause 1, Article 67 of this Law, the number of
relatives entitled to monthly survivorship allowance must not exceed 4; for 2
or more dead persons, their relatives are entitled to 2 times the allowance
level specified in Clause 1 of this Article.
3. The
time for enjoying monthly survivorship allowance must start from the month
following the month the person defined in Clause 1 or 3, Article 66 of this Law
dies. For a child whose the father died while he/she is in the womb, the
monthly survivorship allowance shall be paid from the month the child is born.
Article
69. Cases of eligibility for lump-sum survivorship allowance
When the
persons defined in Clauses 1 and 3, Article 66 of this Law, who fall in one of
the following cases, die, their relatives are entitled to a lump-sum
survivorship allowance:
1. They
do not fall in the cases specified in Clause 1, Article 67 of this Law;
2. They
fall in one of the cases specified in Clause 1, Article 67 but have no relative
eligible for the monthly survivorship allowance as defined in Clause 2, Article
67 of this Law;
3. Their
relatives who are entitled to the monthly survivorship allowance as defined in
Clause 2, Article 67 wish to receive a lump-sum survivorship allowance, except
under-6 children, children or spouses suffering a working capacity decrease of
81% or more;
4. For
employees who die without any relatives as defined in Clause 6, Article 3 of
this Law, the lump-sum survivorship allowance must comply with the law of
inheritance.
Article
70. Levels of lump-sum survivorship allowance
1. The
lump-sum survivorship allowance for relatives of employees who are paying
social insurance premiums or of employees who have their period of social
insurance premium payment reserved shall be calculated based on the number of
years of social insurance premium payment; for each year of payment, these
relatives are entitled to 1.5 times the average monthly salary on which social
insurance premiums are based, for the years of payment prior to 2014; or to 2
times the average monthly salary on which social insurance premiums are based,
for the years of payment since 2014. The lowest level must equal 3 times the
average monthly salary on which social insurance premiums are based. The
average monthly salary on which social insurance premiums are based used as a
basis for calculation of the lump-sum survivorship allowance shall be
determined under Article 62 of this Law.
2. The
lump-sum survivorship allowance for relatives of dead pensioners shall be
calculated based on the period of pension enjoyment; if pensioners die within
the first 2 months of pension enjoyment, the allowance must equal 48 months’
current pension; if pensioners die in subsequent months, the allowance shall be
reduced by half a month’s pension for each additional month of pension enjoyment;
the lowest allowance level must equal 3 months’ current pension.
3. The
basic salary used for calculating the lump-sum survivorship allowance is the
basic salary of the month in which the persons defined in Clause 1 or 3,
Article 66 of this Law die.
Article
71. Retirement regime and survivorship allowance regime for employees who
pay both compulsory social insurance and voluntary social insurance premiums
1. The
retirement regime and survivorship allowance regime for employees who pay both
compulsory social insurance and voluntary social insurance premiums are
specified as follows:
a/ For
employees who have paid compulsory social insurance premiums for at least full
20 years, the conditions for enjoyment and levels of pension must comply with
the policy on compulsory social insurance; the lowest monthly pension must
equal the basic salary, except the subjects defined at Point i, Clause 1,
Article 2 of this Law;
b/ For
employees who have paid compulsory social insurance premiums for at least full
15 years, the monthly survivorship allowance must comply with the policy on
compulsory social insurance;
c/ For
employees who have paid compulsory social insurance premiums for at least full
12 months, the funeral allowance must comply with the policy on compulsory
social insurance.
2. The
Government shall detail this Article.
Chapter
IV
VOLUNTARY SOCIAL INSURANCE
Section
1. RETIREMENT REGIME
Article
72. Coverage of the retirement regime
The
retirement regime for voluntary social insurance participants covers employees
defined in Clause 4, Article 2 of this Law.
Article
73. Conditions for pension enjoyment
1.
Employees are entitled to pension when fully satisfying the following
conditions:
a/ Being
full 60 years old, for men, or full 55 years old, for women;
b/ Having
paid social insurance premiums for at least full 20 years.
2.
Employees who satisfy the age requirement specified at Point a, Clause 1 of
this Article but have paid social insurance premiums for under 20 years may
continue paying social insurance premiums until the payment period reaches full
20 years in order to enjoy pension.
Article
74. Levels of monthly pension
1. From
the effective date of this Law to January 1, 2018, the level of monthly pension
for employees who fully satisfy the conditions specified in Article 73 of this
Law must equal 45% of the average monthly income on which social insurance
premiums are based as prescribed in Article 79 of this Law, corresponding to 15
years of social insurance premium payment, which shall then be added with 2%
for men and 3% for women for each additional year of social insurance premium
payment, but must not exceed 75%.
2. Since
January 1, 2018, the monthly pension of employees who fully satisfy the
conditions specified in Article 73 of this Law must equal 45% of the average
monthly income on which social insurance premium are based as provided in
Article 79 of this Law, and correspond to the following number of years of
social insurance premium payment:
a/ For
male employees who retire in 2018, 2019, 2020 and 2021 and in 2022 and
afterward, it is 16 years, 17, years, 18 years, 19 years and 20 years,
respectively;
b/ For
female employees who retire in 2018 and afterward, it is 15 years. Then, for
employees defined at Points a and b of this Clause, the monthly pension shall
be added with 2% for every additional year, but must not exceed 75%.
3. The
adjustment of pension must comply with Article 57 of this Law.
Article
75. Lump-sum allowance upon retirement
1.
Employees who have a period of social insurance premium payment longer than the
number of years corresponding to the 75% pension rate are entitled to not only
pension but also a lump-sum allowance upon retirement.
2. The
lump-sum allowance shall be calculated based on the number of years of social
insurance premium payment in excess of the number of years corresponding to the
75% pension enjoyment rate, with half of the average monthly income on which
social insurance premiums are based for each of these years.
Article
76. Time for pension enjoyment
1. The subjects
defined in Article 72 of this Law are entitled to receive pension from the
month following the month when they fully satisfy the conditions for pension
enjoyment specified in Article 73 of this Law.
2. The
Minister of Labor, Invalids, and Social Affairs shall detail this Article.
Article
77. Lump-sum social insurance allowance
1.
Employees defined in Clause 4, Article 2 of this Law are entitled to a lump-sum
social insurance allowance upon request if they fall in one of the following
cases:
a/ They
satisfy the age requirement specified at Point a, Clause 1, Article 73 of this
Law but have paid social insurance premiums for under 20 years and do not
continue paying social insurance premiums;
b/ They
settle abroad;
c/ They
suffer a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis,
leprosy, serious tuberculosis, HIV infection progressing into AIDS, or other
diseases as prescribed by the Ministry of Health.
2. The
lump-sum social insurance allowance shall be calculated based on the number of
years of social insurance premium payment; for each year of payment they are
entitled to:
a/ 1.5
times the average monthly income on which social insurance premiums are based,
for the years of payment prior to 2014;
b/ 2
times the average monthly income on which social insurance premiums are based,
for the years of payment since 2014;
c/ In
case the period of social insurance premium payment is under 1 year, the social
insurance allowance must equal the paid premium amount but must not exceed 2
times the average monthly income on which social insurance premiums are based.
3. The
lump-sum social insurance allowance for the subjects eligible for the State’s
support under Clause 2 of this Article is exclusive of the State’s monetary
support for payment of voluntary social insurance premiums, except the case
specified at Point c, Clause 1 of this Article.
4. The
time for enjoying the lump-sum social insurance allowance is the time stated in
decisions of social insurance agencies.
5. The
social insurance regime for employees covered by voluntary social insurance and
currently on pension who settle abroad shall be implemented under Clauses 1 and
2, Article 65 of this Law.
Article
78. Reservation of the period of social insurance premium payment,
suspension from or continuation of pension enjoyment
1.
Employees who stop paying voluntary social insurance premiums without fully
satisfying the conditions for pension enjoyment as provided in Article 73 or
without receiving a lump-sum social insurance allowance under Article 77 of
this Law are entitled to have their period of social insurance premium payment
reserved.
2. The
suspension from or continuation of pension enjoyment for employees covered by
voluntary social insurance premiums must comply with Article 64 of this Law.
Article
79. Average monthly income on which social insurance premiums are based
1. The
average monthly income on which social insurance premiums are based is the
average of monthly incomes on which social insurance premiums are based in the
entire period of premium payment.
2.
Monthly incomes for which social insurance premiums have been paid used as a
basis for calculating the average monthly income on which social insurance
premiums are based for employees shall be adjusted based on the consumer price
index in each period under the Government’s regulations.
Section
2. SURVIVORSHIP ALLOWANCE REGIME
Article
80. Funeral allowance
1. When
the following persons die, the persons who take charge of their funeral are
entitled to a funeral allowance:
a/ Employees
who have paid social insurance premiums for at least full 60 months;
b/
Pensioners.
2. The
funeral allowance must equal 10 times the basic salary of the month in which
the persons defined in Clause 1 of this Article die.
3. When
the persons defined in Clause 1 of this Article are declared dead by the court,
their relatives are entitled to the allowance specified in Clause 2 of this
Article.
Article
81. Survivorship allowance
1. When
employees who are paying social insurance premiums, employees who have their
period of social insurance premium payment reserved, or persons who are on
pension die, their relatives are entitled to a lump-sum survivorship allowance.
2. The
lump-sum survivorship allowance for relatives of employees who are paying
social insurance premiums or of employees who have their period of social
insurance premium payment reserved shall be calculated based on the number of
years of social insurance premium payment; for each year of payment, these
relatives are entitled to 1.5 times the average monthly income on which social
insurance premiums are based as provided in Article 79 of this Law, for the
years of payment prior 2014, or 2 times the average monthly income on which
social insurance premiums are based, for the years of payment since 2014.
For
employees who have paid social insurance premiums for under 1 year, the
lump-sum survivorship allowance must equal the paid premium amount but not
exceed 2 times the average monthly income on which social insurance premiums
are based; for employees who pay both compulsory social insurance and voluntary
social insurance premiums, the lump-sum survivorship allowance must equal at
least 3 times the average monthly salary and income on which social insurance
premiums are based.
3. The
lump-sum survivorship allowance for relatives of persons who die while on
pension shall be calculated based on these persons' period of pension
enjoyment; if they die within the first 2 months of pension enjoyment, such
allowance must equal 48 months’ current pension; if they die in subsequent
months, the allowance shall be reduced by half the monthly pension for each
additional month of pension enjoyment.
Chapter
V
THE SOCIAL INSURANCE FUND
Article
82. Sources forming the social insurance fund
1.
Premiums paid by employers under Article 86 of this Law.
2.
Premiums paid by employees under Articles 85 and 87 of this Law.
3.
Profits from activities of investment from the fund.
4. The
State's supports.
5. Other
lawful sources of revenues.
Article
83. Component funds of the social insurance fund
1.
Sickness and maternity fund.
2. Labor
accident and occupational disease fund.
3.
Retirement and survivorship allowance fund.
Article
84. Use of the social insurance fund
1.
Payment of social insurance regimes for employees under Chapters III and IV of
this Law.
2.
Payment of health insurance premiums for pensioners or persons who are on leave
and enjoy monthly labor accident or occupational disease allowance or who are
on leave and enjoy maternity allowance for childbirth or child adoption or who
are on leave and enjoy sickness allowance, for employees suffering diseases on
the Ministry of Health-issued list of diseases requiring long-term treatment.
3.
Payment of social insurance management expenses under Article 90 of this Law.
4. Payment
of charges for assessment of the working capacity decrease in case employees
take assessment not as introduced by their employers and the assessment results
show that these persons are eligible for social insurance regimes.
5.
Investment to preserve and develop the fund under Articles 91 and 92 of this
Law.
Article
85. Levels and methods of payment by employees covered by compulsory social
insurance
1.
Employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this
Law shall monthly pay 8% of their monthly salary to the retirement and
survivorship allowance fund.
Employees
defined at Point i, Clause 1, Article 2 of this Law shall monthly pay an amount
equal to 8% of the basic salary to the retirement and survivorship allowance
fund.
2. For
employees defined at Point g, Clause 1, Article 2 of this Law, the levels and
methods of payment are specified as follows:
a/ The
monthly level of payment to the retirement and survivorship allowance fund must
equal 22% of employees’ monthly salary on which social insurance premiums are
based before they go abroad to work, for employees who have paid compulsory
social insurance premiums in a certain period; 22% of 2 times the basic salary,
for employees who are not yet covered by compulsory social insurance or who
have paid compulsory social insurance premiums and have already received a
lump-sum social insurance allowance.
b/
Payment shall be made once every 3 months, every 6 months or every 12 months or
in a lump sum within the time limit stated in the contracts on sending of
employees to work abroad. Employees may make payment directly to social
insurance agencies of localities where they reside before going abroad or via
enterprises or non-business organizations that have sent them to work abroad.
In case
the payment is made via enterprises or non-business organizations that have
sent employees to work abroad, these enterprises or organizations shall collect
and pay social insurance premiums for employees and register the method of
payment with social insurance agencies.
Employees
who have their contracts extended or sign new contracts in the host countries
shall pay social insurance premiums according to the method specified in this
Article or shall retrospectively pay social insurance premiums to social
insurance agencies after they repatriate.
3.
Employees who neither work nor receive salary for 14 working days or more in a
month are not required to pay social insurance premiums in that month. This
period shall not be counted for enjoyment of social insurance regimes, except
cases of maternity leave.
4. An
employee defined at Point a or b, Clause 1, Article 2 of this Law who signs
labor contracts with many employers shall only pay social insurance premiums
under Clause 1 of this Article for the first-signed labor contract.
5.
Employees who enjoy product-based or piecework-based salaries at enterprises,
cooperatives, individual business households or cooperative groups engaged in
the fields of agriculture, forestry, fishery or salt making shall pay monthly
social insurance premiums at the levels specified in Clause 1 of this Article;
payment may be made every month, every 3 months or every 6 months.
6. The
determination of the period of social insurance premium payment for enjoyment
of pension and monthly survivorship allowance must adhere to the principle that
one year has full 12 months; an employee who satisfies the age requirement for
pension enjoyment but whose period of social insurance premium payment is short
of 6 months at most may pay a lump-sum amount for these months with the monthly
premium equal to the total premiums paid by him/her and his/her employer to the
retirement and survivorship allowance fund, based on the monthly salary on
which social insurance premiums were based before he/she ceases working.
7. The
calculation of periods of social insurance premium payment with odd months for
enjoyment of the retirement and survivorship allowance regimes must be as
follows:
a/ A
period of between 1 month to 6 months shall be counted as half year;
b/ A
period of between 7 months to 12 months shall be counted as one year.
Article
86. Levels and methods of payment by employers
1.
Employers shall make monthly payments calculated based on the salary funds on
which social insurance premiums are based for employees defined at Points a, b,
c, d, dd and h, Clause 1, Article 2 of this Law as follows:
a/ 3% to
the sickness and maternity fund;
b/ 1% to
the labor accident and occupational disease fund;
c/ 14%
to the retirement and survivorship allowance fund.
2. Employers
shall make monthly payments calculated based on the basic salary for each
employee defined at Point e, Clause 1, Article 2 of this Law as follows:
a/ 1% to
the labor accident and occupational disease fund;
b/ 22%
to the retirement and survivorship allowance fund.
3.
Employers shall monthly pay an amount equal to 14% of the basic salary to the
retirement and survivorship allowance fund for employees defined at Point i,
Clause 1, Article 2 of this Law.
4.
Employers are not required to pay social insurance premiums for employees
defined in Clause 3, Article 85 of this Law.
5.
Employers being enterprises, cooperatives, household business households or
cooperative groups engaged in agriculture, forestry, fishery or salt making
that pay product-based or piecework-based salaries shall make monthly payments
at the levels specified in Clause 1 of this Article; the payment may be made
every month, every 3 months or every 6 months.
6. The
Minister of Labor, War Invalids and Social Affairs shall detail Clause 5,
Article 85, and Clause 5, Article 86, of this Law.
Article
87. Levels and methods of payment by employees covered by voluntary social
insurance
1.
Employees defined in Clause 4, Article 2 of this Law shall monthly pay an
amount equivalent to 22% of their monthly incomes as selected to the retirement
and survivorship allowance fund; the monthly income on which social insurance
premiums are based must at least equal the poverty threshold in rural areas and
must not exceed 20 times the basic salary.
The
socio-economic development conditions and state budget capacity in each period
shall be based on to determine the levels of support for payment of social
insurance premiums for employees covered by voluntary social insurance, support
beneficiaries, and the time for implementing the support policy.
2.
Employees may select one of the following payment methods:
a/ Every
month;
b/ Every
3 months;
c/ Every
6 months;
d/ Every
12 months;
d/
Lump-sum payment for many subsequent years at a level lower than the monthly payment
or lump-sum payment for the insufficient years at a level higher than the
monthly payment as specified in this Article.
3. The
Government shall detail this Article.
Article
88. Suspension from payment of compulsory social insurance premiums
1. Suspension
from payment to the retirement and survivorship allowance fund is specified as
follows:
a/ In
case employers meet with difficulties and have to suspend their production or
business activities, making them and their employees unable to pay social insurance
premiums, the payment to the retirement and survivorship allowance fund may be
suspended for 12 months at most;
b/ Upon
the expiration of the time limit for payment suspension specified at Point a of
this Clause, employers and employees shall continue paying social insurance
premiums and make supplementary payment for the suspension period. The
supplementary amount paid for the suspension period is not subject to late-
payment interest under Clause 3, Article 122 of this Law.
2. For
employees covered by compulsory social insurance premiums who are put in
temporary detention, they and their employers may suspend payment of social
insurance premiums. In case competent agencies conclude that employees suffer a
miscarriage of
justice, supplementary payment shall be made for the detention
period. The supplementary amount paid for the suspension period is not subject
to late-payment interest under Clause 3, Article 122 of this Law.
3. The
Government shall detail this Article and specify other cases of suspension from
payment of compulsory social insurance premiums.
Article
89. Monthly salary on which compulsory social insurance premiums are based
1. For
employees subject to the State-prescribed salary regime, their monthly salary
on which social insurance premiums are based is their rank- or grade-based
salary plus position-based, extra-rank working seniority-based or
occupation-based seniority allowance (if any).
For
employees defined at Point i, Clause 1, Article 2 of this Law, their monthly
salary on which social insurance premiums are based is the basic salary.
2. For
employees who pay social insurance premiums according to the employer-decided
salary regime, their monthly salary on which social insurance premiums are
based is their salary plus salary-based allowance as prescribed in the labor
law.
Since
January 1, 2018, the monthly salary on which social insurance premiums are
based will be the salary plus salary-based allowance and other amounts as
prescribed in the labor law.
3. In
case the monthly salary specified in Clause 1 or 2 of this Article exceeds 20
times the basic salary, the monthly salary on which social insurance premiums
are based must equal 20 times the basic salary.
4. The Government
shall stipulate in detail the retrospective collection and payment of monthly
salaries on which compulsory social insurance premium are based for employees
and employers, except the case specified in Clause 3, Article 122 of this Law.
Article
90. Social insurance management expenses
1.
Social insurance management expenses shall be used to perform the following
tasks:
a/
Propagating and disseminating policies and law on social insurance; providing
professional training and retraining in social insurance;
b/
Reforming social insurance procedures and modernizing the social insurance
management system; developing and managing social insurance participants and
beneficiaries;
c/
Organizing the collection of social insurance premiums and payment of social
insurance allowances; and operating the apparatus of social insurance agencies
at all levels.
2. The
funding source for performing the tasks specified in Clause 1 of this Article
shall be annually deducted from the profits earned from investment activities
of the fund;
Every 3
years, the Government shall report the levels of social insurance management
expenses to the National Assembly Standing Committee for decision.
3. The
Prime Minister shall detail Clause 1 of this Article.
Article
91. Investment principles
Investment
activities of the social insurance fund must ensure safety, efficiency and
capital recoverability.
Article
92. Investment forms
1.
Purchase of government bonds.
2.
Making of deposits, or purchase of bonds, term bills or deposit certificates at
well-performing commercial banks as rated by the State Bank of Vietnam.
3.
Provision of loans to the state budget.
4. The
Government shall detail this Article.
Chapter
VI
SOCIAL INSURANCE ORGANIZATION AND MANAGEMENT
Article
93. Social insurance agencies
1.
Social insurance agency is a state agency functioning to implement social
insurance regimes and policies, manage and use social insurance, health
insurance and unemployment insurance funds, inspect the payment of social
insurance, unemployment insurance and health insurance premiums, and perform
other tasks in accordance with this Law.
2. The
Government shall stipulate in detail the organization, tasks and powers of
social insurance agencies.
Article
94. Management Board of Vietnam Social Security
1. The
Management Board of Vietnam Social Security shall be organized at national
level and has the responsibilities to direct and supervise the operation of
social insurance agencies, and give advice on social insurance, health
insurance and unemployment insurance policies.
2. The
Management Board of Vietnam Social Security shall be composed of
representatives of the Vietnam General Confederation of Labor, employers’
representative organizations, state management agencies in charge of social
insurance, state management agencies in charge of health insurance, Vietnam
Social Security, and other related organizations.
3. The
Management Board of Vietnam Social Security shall be composed of its
chairperson, vice chairpersons and members, who shall be appointed, relieved
from duty and dismissed by the Prime Minister; the term of members of the
Management Board of Vietnam Social Security is 5 years.
4. The
Government shall stipulate in detail the working regime, responsibilities and
operating funds of Management Board of Vietnam Social Security.
Article
95. Tasks and powers of the Management Board of Vietnam Social Security
1. To
approve social insurance development strategies, long-term, five- year and
annual plans on the implementation of social insurance, health insurance and
unemployment insurance regimes, and schemes on preservation and development of
social insurance, health insurance and unemployment insurance funds.
To
supervise and examine social insurance agencies in the implementation of such
strategies, plans and schemes after they are approved.
2. To
propose to competent state agencies the formulation, revision and
supplementation of policies and laws on social insurance, health insurance and
unemployment insurance, social insurance development strategies, strengthening
of the organizational apparatus of social insurance agencies, and mechanisms
for management and use of social insurance, health insurance and unemployment
insurance funds.
3. To
decide on, and take responsibility before the Government for, forms and
structures of investment of social insurance, health insurance and unemployment
insurance funds at the proposal of social insurance agencies.
4. To
approve annual reports on the implementation of social insurance, health
insurance and unemployment insurance regimes and the management and use of
social insurance, health insurance and unemployment insurance funds before
Vietnam Social Security submits them to competent agencies.
5. To
approve annual cost estimates on collection and payment of social insurance,
health insurance and unemployment insurance funds and levels of social
insurance, health insurance and unemployment insurance management expenses
before Vietnam Social Security submits them to competent agencies.
6. To
annually report to the Prime Minister on the performance of the tasks and
exercise of the powers and operation results under regulations.
7. To
perform other tasks and exercise other powers assigned by the Prime Minister.
Chapter
VII
ORDER AND PROCEDURES FOR SOCIAL INSURANCE IMPLEMENTATION
Section
1. ORDER AND PROCEDURES FOR PARTICIPATION IN SOCIAL INSURANCE
Article
96. Social insurance books
1. A
social insurance book shall be granted to every employee for monitoring the
payment of social insurance premiums and enjoyment of social insurance regimes,
and must serve as a basis for settlement of social insurance regimes in
accordance with this Law.
2. By
2020, social insurance books shall be replaced with social insurance cards.
3. The
Government shall stipulate the order and procedures for participation in social
insurance and settlement of social insurance regimes in electronic form.
Article
97. Registration dossiers for participation in social insurance and grant
of social insurance books
1. A
registration dossier for first-time participation in social insurance must
comprise:
a/ An
employer’s declaration form for participation in social insurance, enclosed
with a list of employees to participate in social insurance;
b/
Employees' declaration forms for participation in social insurance.
2. A
dossier for re-grant of a lost or damaged social insurance book must comprise:
a/ An
employee’s application for re-grant of a social insurance book;
b/ The
social insurance book, in case it is damaged.
3. The
Government shall stipulate the procedures and dossier for participation in
social insurance and grant of social insurance books for the subjects defined
at Point e, Clause 1, Article 2 of this Law.
Article
98. Adjustment of information of participation in social insurance
1.
Employers shall notify in writing social insurance agencies of any changes in
information of participation in social insurance.
2. A
dossier for adjustment of an employee’s personal information of participation
in social insurance must comprise:
a/ A
declaration form for adjustment of personal information;
b/ The
social insurance book;
c/
Copies of competent state agencies’ papers related to the adjustment of
personal information as prescribed by law.
Article
99. Settlement of registration for participation in social insurance and
grant of social insurance books
1.
Registration for first-time participation in social insurance shall be settled
as follows:
a/
Within 30 days after signing a labor contract or working contract with an
employee or after recruiting an employee, the employer shall submit a dossier
specified in Clause 1, Article 97 of this Law to the social insurance agency.
b/ An
employee to be covered by voluntary social insurance shall submit a dossier
specified at Point b, Clause 1, Article 97 of this Law to the social insurance
agency.
2. An
employee shall submit a dossier for re-grant of a social insurance book as
specified in Clause 2, Article 97 of this Law to the social insurance agency.
3. The
social insurance agency shall grant a social insurance book within:
a/ 20
days after receiving a complete and valid dossier, for persons who participate
for the first time in compulsory social insurance;
b/ 7
days after receiving a complete and valid dossier, for persons who participate
for the first time in voluntary social insurance;
c/ 15
days after receiving a complete and valid dossier, in case of re-grant of
social insurance books; or 45 days, if the verification of the period of social
insurance premium payment is complicated. If refusing to grant a social
insurance book, the social insurance agency shall issue a written reply clearly
stating the reason;
d/ 10
days after receiving a complete and valid dossier, in case of re-grant of
social insurance books for employees who wish to have their information of
participation in social insurance adjusted. If refusing to re-grant a social
insurance book, the social insurance agency shall issue a written reply clearly
stating the reason.
4. The
Minister of Labor, War Invalids and Social Affairs shall stipulate in detail
the order and procedures for participation in social insurance and settlement
of social insurance regimes for employees defined at Point b, Clause 1, Article
2 of this Law.
Section
2. ORDER AND PROCEDURES FOR SETTLEMENT OF SOCIAL INSURANCE REGIMES
Article
100. Dossier for enjoyment of the sickness regime
1. An
original or a copy of the hospital discharge paper, for employees or their
children undergoing inpatient treatment; in case of outpatient treatment, the
certificate of their leave under the social insurance regime is required.
2. In
case employees or their children take medical examination or treatment abroad,
the paper specified in Clause 1 of this Article shall be replaced with a
Vietnamese translation of the medical record issued by a foreign health establishment.
3. The
employer-made list of employees taking leave under the sickness regime.
4. The
Minister of Health shall stipulate the form, and order and competence for
grant, of certificate of an employee’s leave under the social insurance regime,
hospital discharge paper and the papers specified at Points c, d and dd, Clause
1, Article 101 of this Law.
Article
101. Dossier for enjoyment of the maternity regime
1. A
dossier for a female employee to enjoy the maternity regime must comprise:
a/ A
copy of the birth registration certificate or birth certificate of the child;
b/ A
copy of the child’s death certificate, in case the child dies, or copy of the
mother’s death certificate, in case the mother dies in childbirth;
c/ A
competent health establishment’s certificate stating that the mother is at
postnatal risk that makes her unable to take care of the child;
d/ An
extract of the mother’s medical record or hospital discharge paper in case the
child dies after birth without being granted the birth certificate;
dd/ A
competent health establishment’s certificate stating that the female employee
has to take leave for pregnancy care, in the case specified in Clause 3,
Article 31 of this Law.
2.
Female employees who have prenatal checks-up, miscarriage, abortion, stillbirth
or pathological abortion, or employees who apply contraceptive measures
specified in Clause 1, Article 37 of this Law shall produce a certificate of
their leave under the social insurance regime, in case of outpatient treatment,
or an original or a copy of the hospital discharge paper, in case of inpatient
treatment.
3.
Employees who adopt under-6-month children shall produce a child adoption
certificate.
4. Male
employees who wish to take leave due to their wives’ childbirth shall produce a
copy of the child’s birth certificate or birth registration certificate, and a
health establishment’s certificate, in case their wives have a surgical birth
or give birth to children under 32 weeks of pregnancy.
5. The
employer-made list of employees taking leave for enjoyment of the maternity
regime.
Article
102. Settlement of the sickness and maternity regimes
1.
Within 45 days after return to work, an employee shall submit the dossier
specified in Clause 1 or 2, Article 100, or Clause 1, 2, 3 or 4, Article 101,
of this Law to his/her employer.
An
employee who ceases working before the time of childbirth or child adoption
shall submit the dossier specified in Clause 1 or 3, Article 101 of this Law
and produce his/her social insurance book to the social insurance agency.
2.
Within 10 days after receiving a complete dossier from an employee, the
employer shall make a dossier as specified in Article 100 or 101 of this Law
and submit it to the social insurance agency.
3.
Responsibilities of the social insurance agency:
a/ To
settle the social insurance regime and make payment to the employee within 10
days after receiving a complete and valid dossier from an employer;
b/ To
settle the social insurance regime and make payment to the employee within 5
working days after receiving a complete and valid dossier from an employee who
ceases working before the time of childbirth or child adoption.
4. If
refusing to settle the social insurance regime, the social insurance agency
shall issue a written reply clearly stating the reason.
Article
103. Settlement of convalescence and health rehabilitation allowance after
sickness or maternity leave
1.
Within 10 days after the date an employee fully satisfies the conditions for
enjoying the convalescence and health rehabilitation allowance after sickness
or maternity leave, the employer shall make a list of employees and submit it
to the social insurance agency.
2.
Within 10 days after receiving a complete and valid dossier, the social
insurance agency shall settle the social insurance regime for and pay the
convalescence and health rehabilitation allowance to employees; or issue a
written reply clearly stating the reason for its refusal to settle the regime.
Article
104. Dossier for enjoyment of the labor accident regime
1. The
social insurance book.
2. The
investigation record of the labor accident; for an employee suffers a traffic
accident confirmed as a labor accident, a written record of the traffic
accident or a written record of scene examination and the accident scene plan
are required.
3. The
hospital discharge paper after labor accident treatment.
4. The
written record of assessment of the working capacity decrease, made by the
Medical Assessment Council.
5. The
written request for settlement of the labor accident regime.
Article
105. Dossier for enjoyment of the occupational disease regime
1. The
social insurance book.
2. A
written record of environmental survey with toxic elements; in case a written
record is made for many employees, its copy shall be included in the dossier of
every employee.
3. The
hospital discharge paper after occupational disease treatment; in case of
outpatient treatment, an occupational disease examination paper is required.
4. The
written record of assessment of the working capacity decrease, made by the
Medical Assessment Council.
5. The
written request for settlement of the occupational disease regime.
Article
106. Settlement of labor accident and occupational disease regimes
1.
Employers shall submit dossiers to social insurance agencies as prescribed in
Articles 104 and 105 of this Law.
2.
Within 15 days after receiving a complete dossier, social insurance agencies
shall settle labor accident and occupational disease regimes; or issue a
written reply clearly stating the reason for their refusal to settle the
regimes.
Article
107. Settlement of convalescence and health rehabilitation allowance after
labor accident or occupational disease
1. An
employer shall make a list of employees whose health has not yet recovered
after enjoying the labor accident or occupational disease regime and submit it
to the social insurance agency.
2.
Within 15 days after receiving a complete and valid dossier, the social
insurance agency shall settle the convalescence and health rehabilitation
regime for employees and transfer the convalescence and health rehabilitation
allowance to the employer; or issue a written reply clearly stating the reason
for their refusal to settle the regime.
3.
Within 10 days after receiving the allowance from the social insurance agency,
the employer shall pay such allowance to employees.
Article
108. Dossier for pension enjoyment
1. A
dossier for pension enjoyment for employees covered by compulsory social
insurance must comprise:
a/ The
social insurance book;
b/ The
decision permitting an employee to stop working under the retirement regime or
the document terminating a labor contract with an employee for enjoying the
retirement regime;
c/ The
written record of assessment of the working capacity decrease, made by the
Medical Assessment Council, for employees who retire under Article 55 of this
Law, or the certificate of HIV/AIDS infection due to occupational risks, for
the employees defined in Article 54 of this Law.
2. A
dossier for pension enjoyment for employees covered by voluntary social insurance
or employees having their period of social insurance premium payment reserved,
including those who are serving imprisonment sentences, must comprise:
a/ The
social insurance book;
b/ The
application for pension enjoyment;
c/ The
written authorization for carrying out procedures for settlement of the
retirement regime and enjoyment of pension, for those who are serving
imprisonment sentences;
d/ A
competent state agency’s document permitting an illegal emigrant to legally
repatriate and settle in the country;
dd/ The
court’s legally effective decision annulling the decision on declaration to be
missing, for missing people who reappear.
Article
109. Dossier for enjoyment of lump-sum social insurance allowance
1. The
social insurance book.
2. The
employee’s application for enjoyment of lump-sum social insurance allowance.
3. For
persons who settle abroad, a copy of the competent agency’s written
certification of renunciation of Vietnamese nationality, or a certified or
notarized Vietnamese translation of one of the following papers:
a/
Passport issued by a foreign country;
b/ Visa
issued by a competent foreign agency, certifying such country’s permission for
entry for overseas residence;
c/ Paper
certifying such person is carrying out procedures for naturalization in a
foreign country; paper certifying residence or permanent residence card or
residence card of a term of 5 years or more, issued by a competent foreign
agency.
4.
Extract of the medical record, in the case specified at Point c, Clause 1,
Article 60, or Point c, Clause 1, Article 77, of this Law.
5. For
employees defined in Article 65, and Clause 5, Article 77, of this Law, a
dossier for enjoyment of lump-sum social insurance allowance must comply with
Clauses 2 and 3 of this Article.
Article
110. Settlement of pension or lump-sum social insurance allowance
1.
Within 30 days by the time an employee enjoys pension, the employer shall
submit a dossier specified in Clause 1, Article 108 of this Law to the social
insurance agency.
2.
Within 30 days by the time an employee enjoys pension, employees having their
period of social insurance premium payment reserved or employees covered by
voluntary social insurance shall submit a dossier specified in Clause 2,
Article 108 of this Law to the social insurance agency.
3.
Within 30 days by the time an employee becomes eligible and requests payment of
lump-sum social insurance allowance, he/she shall submit a dossier specified in
Article 109 of this Law to the social insurance agency.
4.
Within 20 days after receiving a complete and valid dossier, for to-be-
pensioners, or within 10 days after receiving a complete and valid dossier, for
persons to enjoy a lump-sum social insurance allowance, the social insurance
agency shall settle the enjoyment of pension or lump-sum allowance and make
payment to employees; or issue a written reply clearly stating the reason for
its refusal to settle such enjoyment.
Article
111. Dossier for enjoyment of the survivorship allowance regime
1. For
persons paying social insurance premiums or persons having their period of
social insurance premium payment reserved, a dossier for enjoyment of the
survivorship allowance regime must comprise:
a/ The
social insurance book;
b/ A
copy of the death certificate or death notice or a copy of the court's legally
effective decision on the death declaration;
c/ The
dead person’s relatives’ declaration and the minutes of their meeting, for
those eligible for monthly allowance but choosing a lump-sum allowance;
d/ The
investigation record of the labor accident; for persons getting a traffic
accident identified as a labor accident, a record of the traffic accident or a
record of the scene examination and the accident scene plan as specified in
Clause 2, Article 104 of this Law are required; or a copy of the medical record
of occupational disease treatment, for persons who die of an occupational
disease;
dd/ A
written record of assessment of the working capacity decrease, for relatives
who suffer a working capacity decrease of 81% or more.
2. For
persons currently enjoying or persons suspended from enjoying pension or
monthly labor accident or occupational disease allowance, a dossier for
enjoyment of the survivorship allowance regime must comprise:
a/ A
copy of the death certificate or death notice or the court's legally effective
decision on death declaration;
b/ The
dead person’s relatives’ declaration and the minutes of their meeting, for
those eligible for monthly allowance but choosing to receive a lump- sum
allowance;
c/ A
written record of assessment of the working capacity decrease, for relatives
who suffer a working capacity decrease of 81% or more.
Article
112. Settlement of the survivorship allowance regime
1.
Within 90 days after the death of a person having his/her period of social
insurance premium payment reserved, a person covered by voluntary social
insurance or a person on pension or monthly labor accident or occupational
disease allowance, his/her relative shall submit the dossier specified in
Article 111 of this Law to the social insurance agency.
Within
90 days after the death of a person currently paying compulsory social
insurance premiums, his/her relative shall submit the dossier specified in
Clause 1, Article 111 of this Law to the employer.
2.
Within 30 days after receiving a complete dossier from the employee’s relative,
the employer shall submit the dossier specified in Clause 1, Article 111 of
this Law to the social insurance agency.
3.
Within 15 days after receiving a complete dossier, the social insurance agency
shall settle the survivorship allowance regime and make payment to the
employee’s relative; or issue a written reply stating the reason for its
refusal to settle the regime.
Article
113. Dossier for continued enjoyment of pension or monthly social insurance
allowance for illegal emigrants who legally repatriate to settle in the country
or persons declared missing by the court who reappear
1. An
application for continued enjoyment of pension or monthly social insurance
allowance.
2. A
competent state agency’s document permitting the illegal emigrant to legally
repatriate to settle in the country.
3. The
court’s legally effective decision annulling the decision on declaration to be
missing, for persons declared missing by the court who reappear.
Article
114. Settlement of continued enjoyment of pension or monthly social
insurance allowance for illegal emigrants who legally repatriate and settle in
the country or persons declared missing by the court who reappear
1.
Employees shall submit the dossier specified in Article 113 of this Law to the
social insurance agency.
2.
Within 15 days after receiving a complete and valid dossier, the social
insurance agencies shall settle the continued enjoyment of pension or monthly
social insurance allowance, or issue a written reply clearly stating the reason
for its refusal to settle such continuation of enjoyment.
Article
115. Change of places for receiving pension or social insurance allowance
When a
person on pension or monthly social insurance allowance moves to another place
of residence within the country and wishes to receive social insurance
allowance at the new place of residence, he/she shall submit an application to
the social insurance agency of the place where he/she currently receives the
allowance.
Within 5
working days after receiving such application, the social insurance agency
shall settle the receipt of pension or social insurance allowance by the
employee at the new place of residence, or issue a written reply clearly
stating the reason for its refusal to settle such receipt.
Article
116. Delayed settlement of enjoyment of social insurance regimes
1. If
the settlement of enjoyment of social insurance regimes is delayed after the
time limit specified in Clause 1 or 2, Article 102, Clause 1, Article 103,
Clause 1 or 2, Article 110, or Clause 1 or 2, Article 112, of this Law, a
written explanation shall be made.
2. In
case the submission of dossiers and settlement of enjoyment of social insurance
regimes are delayed after the prescribed time limits, thus damaging the lawful
rights and interests of eligible beneficiaries, compensation shall be paid in
accordance with law, except cases where such delay is due to the fault of
employees or their relatives.
Article
117. Dossiers and order for assessment of working capacity decrease to settle
social insurance regimes
1. The
Minister of Health shall stipulate dossiers and the order for assessment of
working capacity decrease to settle social insurance regimes.
2. The
examination for assessment of working capacity decrease must ensure accuracy,
publicity and transparency. The Medical Assessment Council shall take
responsibility for the accuracy of its assessment results in accordance with
law.
Chapter
VIII
COMPLAINTS AND DENUNCIATIONS ABOUT, AND HANDLING OF
VIOLATIONS RELATED TO, SOCIAL INSURANCE
Article
118. Complaints about social insurance
1.
Employees, persons on pension or monthly social insurance allowance, persons
having their period of social insurance premium payment reserved and other
persons may request competent agencies, organizations or persons to review the
latter’s decisions or acts when they have grounds to believe that such
decisions or acts violate the law on social insurance and infringe their lawful
rights and interests.
2.
Employers may request competent agencies, organizations or persons to review
the latter’s decisions or acts when they have grounds to believe that such
decisions or acts violate the law on social insurance and infringe their lawful
rights and interests.
Article
119. Order of settlement of complaints about social insurance
1.
Complaints about social insurance-related administrative decisions or acts
shall be settled in accordance with the law on complaints.
2. For
complaints about social insurance-related decisions or acts not specified in
Clause 1 of this Article, complainants may choose either of the following:
a/
Lodging first-time complaints with the agencies or persons that have issued
these decisions or committed these acts; in case these agencies or persons no
longer exist, district-level state management agencies in charge of labor shall
settle the complaint;
b/
Initiating lawsuits at a court in accordance with law.
3. In
case complainants defined at Point a, Clause 2 of this Article disagree with
the first-time complaint settlement decisions, or when the prescribed time
limit expires but the complaints have not yet been settled, they may initiate
lawsuits at a court or lodge complaints with provincial-level state management
agencies in charge of labor.
In case
complainants disagree with the complaint settlement decisions of
provincial-level state management agencies in charge of labor, or when the
prescribed time limit expires but the complaints have not yet been settled, the
complainants may initiate lawsuits at a court.
4. The
statute of limitations for lodging complaints and the time limit for settling
complaints must comply with the law on complaints.
Article
120. Lodging and settlement of denunciations about social insurance
The
lodging and settlement of denunciations about violations of the law on social
insurance must comply with the law on denunciations.
Article
121. Competence to sanction administrative violations in the field of
social insurance, health insurance and unemployment insurance, sanctioning
levels and remedies
1.
Competence of social insurance agencies:
a/ The
General Director of Vietnam Social Security has the competence prescribed in
Clause 4, Article 46 of the Law on Handling of Administrative Violations;
b/
Directors of provincial-level social insurance agencies have the competence
prescribed in Clause 2, Article 46 of the Law on Handling of Administrative
Violations;
c/ Heads
of specialized inspection teams established under decisions of the General
Director of Vietnam Social Security have the competence prescribed in Clause 3,
Article 46 of the Law on Handling of Administrative Violations.
2.
Persons with sanctioning competence defined in Clause 1 of this Article may
authorize their deputies to handle administrative violations.
3. The
maximum fine levels in the field of social insurance, health insurance and
unemployment insurance, sanctioning forms, remedies, administrative sanctioning
procedures and other provisions related to administrative sanctioning must
comply with the Law on Handling of Administrative Violations and other relevant
laws.
Article
122. Handling of violations of the law on social insurance
1.
Agencies and organizations that violate this Law shall, depending on the nature
and severity of their violations, be administratively sanctioned; and, if
causing damage, they shall pay compensation in accordance with law.
2.
Individuals who violate this Law shall, depending on the nature and severity of
their violations, administratively sanctioned, disciplined or examined for
penal liability; and, if causing damage, they shall pay compensation in
accordance with law.
3.
Employers that violate Clause 1, 2 or 3, Article 17 of this Law for 30 days or
more shall not only fully pay the amount not yet paid or paid late and be
handled in accordance with law but also pay an interest equaling 2 times the
average interest rate of investment from the social insurance fund in the
preceding year, calculated based on the late paid amount and late payment
period. If they fail to do so, at the request of competent persons, related
banks, credit institutions or state treasuries shall deduct money from the
employers’ deposit accounts in order to pay the amount not yet paid or paid
late and the interest thereon to the accounts of social insurance agencies.
Chapter IX
IMPLEMENTATION
PROVISIONS
Article 123. Transitional
provisions
1. The
provisions of this Law apply to persons who participate in social insurance
before the effective date of this Law.
2.
Persons on pension before January 1, 1994, persons on pension, monthly working
capacity loss allowance, labor accident or occupational disease allowance,
survivorship allowance or social insurance allowance, for commune, ward or
township cadres who have ceased working, persons on monthly allowance while the
period for enjoying such allowance has expired, or persons who are suspended
from enjoying social insurance allowance due to their violations of law before
this Law takes effect, shall still comply with the previous regulations and
have their levels of enjoyment adjusted.
3.
Employees who have paid social insurance premiums, covering also the
region-based allowance, are entitled to not only pension, lump-sum social
insurance allowance and survivorship allowance but also a lump-sum region-
based allowance; persons on pension, monthly working capacity loss allowance or
labor accident or occupational disease allowance who are enjoying a monthly
region-based allowance in their places of permanent residence eligible for
region-based allowance are entitled to continue enjoying such allowance.
4.
Persons on spouse allowance in overseas Vietnamese representative missions who
participate in compulsory social insurance under both retirement and
survivorship allowance regimes; and employees who cease working due to diseases
on the Ministry of Health-issued list of diseases requiring long-term treatment
and enjoy the sickness regime before the effective date of this Law shall
comply with the Government’s regulations.
5. For
persons on pension, monthly working capacity loss allowance or labor accident
or occupational disease allowance before the effective date of this Law, the
survivorship allowance regime provided in this Law shall apply when they die.
6.
Employees who had worked in the state sector before January 1, 1995, and fully
satisfy the conditions for enjoying severance allowance or lump-sum allowance
or demobilization allowance but have not yet enjoyed such allowance, such
working period shall be regarded as a period of social insurance premium
payment. The calculation of the working period prior to January 1, 1995, for
enjoying social insurance allowances must comply with the previous regulations
on calculation of the working period prior to January 1995, for enjoying social
insurance allowances for cadres, civil servants, public employees, workers, army
men, and employees in the people’s public security force.
7.
Annually, the State shall transfer an amount from the budget to the social
insurance fund to ensure full payment of pension and social insurance
allowances to persons on pension or social insurance allowance prior to January
1, 1995; and payment of social insurance premiums for the working period prior
to January 1, 1995, for persons defined in Clause 6 of this Article.
8.
Employees who are eligible for, and enjoy, social insurance regimes before the
effective date of this Law shall continue to comply with the provisions of Law
No. 71/2006/QH11 on Social Insurance.
9.
Persons on pension, social insurance allowance or monthly allowance who are
working under signed labor contracts shall not be covered by compulsory social
insurance.
10. The
Government shall detail this Article.
Article
124. Effect
1. This
Law takes effect on January 1, 2016; the provisions at Point b, Clause 1, and
in Clause 2, Article 2, of this Law take effect on January 1, 2018.
2. Law
No. 71/2006/QH11 on Social Insurance ceases to be effective on the effective
date of this Law.
Article
125. Detailing provisions
The
Government and competent agencies shall detail the articles and clauses in this
Law as assigned.
This
Law was passed on November 20, 2014, by the XIIIth National Assembly
of the Socialist Republic of Vietnam at its 8th session.-
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung |