Xem toàn văn và tải về Luật Bảo hiểm xã hội năm 2014 - Văn bản tiếng Anh - the Law on Social Insurance of Vietnam.
Luật Bảo hiểm xã hội tiếng Anh: Law on Social Insurance
The 2014 Law on Social Insurance contains several new provisions focusing on such matters as social insurance participants, rights and responsibilities of employees, employers and social insurance agencies, and social insurance regimes and social insurance funds.
THE
NATIONAL ASSEMBLY
------- |
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness |
No:
58/2014/QH13
|
Hanoi,
November 20, 2014
|
LAW ON SOCIAL INSURANCE
The National Assembly promulgates the Law on Social Insurance.
Chapter I
GENERAL
PROVISIONS
Article 1. Scope of regulation
This Law provides 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. Applicable
entities
1. Employees being
Vietnamese citizens shall be covered by compulsory social insurance, including:
a/ Persons working under
indefinite-term labour contracts, definite-term labour contracts, seasonal
labour contracts or contracts for given jobs with a term of between full 3
months and under 12 months, including also labour contracts signed between
employers and at-law representatives of persons aged under 15 years in
accordance with the labour law;
b/ Persons working under
labour 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 agencies;
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 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 workers
working abroad under the labour contracts defined in the Law on Vietnamese
Workers working abroad under the labour contract;
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 licenses granted by Vietnamese authorities 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 labour 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, labour 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 survivor allowance
regimes.
4. Social insurance fund is
an independent financial fund from the state budget 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/ labour accident and
occupational disease;
d/ Retirement;
dd/ Survivor allowance.
2. Voluntary social insurance
covers the following regimes:
a/ Retirement;
b/ Survivor 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 survivor 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 in the field of 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 Labour -
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 Insurance
shall participate and coordinate with the Ministry of Labour - Invalids and
Social Affairs, the Ministry of Finance and People’s Committees of provinces
and central affiliated 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
Labour - 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 courses
on social insurance.
10. To organize scientific
research and international cooperation on social insurance.
11. To report annually 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 Labour -
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 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 of social insurance.
5. To propose amendments and
supplements to policies and law on social insurance to competent state agencies.
Article 13. Social insurance inspection
1. The labour - 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 to competent
state agencies 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, 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
labour 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 labour
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 labour 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 labour 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 Labour - 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 survivor 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
Insurance.
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 Insurance every 6 months and to the Ministry
of Labour - 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 labour 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 Labour -
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 labour 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 labour 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 labour,
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. LABOUR ACCIDENT
AND OCCUPATIONAL DISEASE REGIMES
Article 42. Coverage of labour 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
labour accident regime
Employees are entitled to
the labour 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 Labour - 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
labour 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 labour
accident and an occupational disease;
b/ Getting labour 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 labour
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 labour accidents or occupational diseases
For employees who die of a
labour accident or an occupational disease while working or die during the
period of first-time medical treatment due to a labour 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 labour 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 Labour -
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 Labour -
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 Labour - 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 Labour - 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 Labour-
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. SURVIVOR
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
labour accident or an occupational disease or die during treatment due to a
labour accident or an occupational disease;
c/ Persons who are on
pension or monthly labour 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
survivor 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 survivor 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 labour
accident or an occupational disease;
d/ They are on monthly
labour 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 survivor
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 survivor
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 survivor 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 survivor
allowance
1. The monthly survivor
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 survivor 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
survivor 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 survivor allowance shall
be paid from the month the child is born.
Article 69. Cases of eligibility for
lump-sum survivor 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 survivor 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 survivor allowance as defined in Clause 2, Article 67 of this Law;
3. Their relatives who are
entitled to the monthly survivor allowance as defined in Clause 2, Article 67
wish to receive a lump-sum survivor 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 survivor allowance must comply with the law of inheritance.
Article 70. Levels of lump-sum survivor
allowance
1. The lump-sum survivor
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
survivor allowance shall be determined under Article 62 of this Law.
2. The lump-sum survivor
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 survivor 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 survivor
allowance regime for employees who pay both compulsory social insurance and
voluntary social insurance premiums
1. The retirement regime and
survivor 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 survivor 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 Labour -
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. SURVIVOR
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. Survivor 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 survivor allowance.
2. The lump-sum survivor
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 survivor 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 survivor allowance must equal at least 3 times the average monthly
salary and income on which social insurance premiums are based.
3. The lump-sum survivor
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. labour accident and
occupational disease fund.
3. Retirement and survivor
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
labour 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 survivor 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 survivor 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 survivor 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 labour contracts with
many employers shall only pay social insurance premiums under Clause 1 of this
Article for the first-signed labour 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
survivor 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 survivor
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 survivor 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 labour accident
and occupational disease fund;
c/ 14% to the retirement and
survivor 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 labour accident
and occupational disease fund;
b/ 22% to the retirement and
survivor allowance fund.
3. Employers shall monthly
pay an amount equal to 14% of the basic salary to the retirement and survivor 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 Labour -
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 survivor 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 survivor 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 survivor 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 labour 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 labour 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 Insurance
1. The Management Board of Vietnam
Social Insurance 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 Insurance shall be composed of representatives of the Vietnam General
Confederation of labour, employers’ representative organizations, state management
agencies in charge of social insurance, state management agencies in charge of
health insurance, Vietnam Social Insurance, and other related organizations.
3. The Management Board of Vietnam
Social Insurance 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
Insurance is 5 years.
4. The Government shall
stipulate in detail the working regime, responsibilities and operating funds of
Management Board of Vietnam Social Insurance.
Article 95. Tasks and powers of the
Management Board of Vietnam Social Insurance
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 Insurance
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 Insurance
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 labour 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 Labour -
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
labour accident regime
1. The social insurance
book.
2. The investigation record
of the labour accident; for an employee suffers a traffic accident confirmed as
a labour 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 labour 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 labour 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 labour
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 labour
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 labour accident or occupational
disease
1. An employer shall make a
list of employees whose health has not yet recovered after enjoying the labour
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 labour 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
survivor 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 survivor 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 labour accident; for persons getting a traffic accident identified as a
labour 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 labour accident
or occupational disease allowance, a dossier for enjoyment of the survivor
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 survivor
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 labour 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 survivor
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 OF, 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 labour 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 labour.
In case complainants
disagree with the complaint settlement decisions of provincial-level state
management agencies in charge of labour, 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 Insurance 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 Insurance 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,
labour accident or occupational disease allowance, survivor 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 survivor
allowance but also a lump-sum region- based allowance; persons on pension,
monthly working capacity loss allowance or labour 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 survivor 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 labour accident or occupational
disease allowance before the effective date of this Law, the survivor 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
labour contracts shall not be covered by compulsory social insurance.
10. The Government shall
detail this Article.
Article 124. Effective
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 takes 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 |
Ý KIẾN