|
THE NATIONAL
ASSEMBLY |
THE SOCIALIST
REPUBLIC OF VIETNAM |
|
No: 58/2014/QH13 |
Hanoi, November 20, 2014 |
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Law on
Social Insurance.
Article 1. Scope
of regulation
This Law provides for social insurance regimes
and policies; the rights and responsibilities of employees and employers;
agencies, organizations and individuals involved in social insurance,
representative organizations of employee collectives and employers’
representative organizations; social insurance agencies; social insurance
funds; and procedures for social insurance implementation, and state management
of social insurance.
Article 2. Subjects
of application
1. Employees being Vietnamese citizens shall be
covered by compulsory social insurance, including:
a/ Persons working under indefinite-term labor
contracts, definite-term labor contracts, seasonal labor contracts or contracts
for given jobs with a term of between full 3 months and under 12 months,
including also labor contracts signed between employers and at-law
representatives of persons aged under 15 years in accordance with the labor
law;
b/ Persons working under labor contracts with a
term of between full 1 month and under 3 months;
c/ Cadres, civil servants and public employees;
d/ Defense workers, public security workers and
persons doing other jobs in cipher organizations;
dd/ Officers and professional army men of the
people's army; officers and professional non-commissioned officers and officers
and technical non- commissioned officers of the people's public security; and
persons engaged in cipher work and enjoying salaries like army men;
e/ Non-commissioned officers and soldiers of
the people’s army; non- commissioned officers and soldiers on definite-term
service in the people’s public security; army, public security and cipher cadets
who are entitled to cost- of-living allowance;
g/ Vietnamese guest workers defined in the Law
on Vietnamese Guest Workers;
h/ Salaried managers of enterprises and
cooperatives;
i/ Part-time staffs in communes, wards and
townships.
2. Employees who are foreign citizens working
in Vietnam with work permits or practice certificates or practice licences
granted by competent Vietnamese agencies shall be covered by compulsory social
insurance under the Government’s regulations.
3. Employers covered by compulsory social
insurance include state agencies, non-business units and people's armed forces
units; political organizations, socio-political organizations,
socio-politico-professional organizations, socio-professional organizations and
other social organizations; foreign agencies and organizations, and
international organizations operating in the Vietnamese territory; enterprises,
cooperatives, individual business households, cooperative groups, and other
organizations and individuals that hire or employ employees under labor
contracts.
4. Persons covered by voluntary social
insurance are Vietnamese citizens aged full 15 years or older and not defined
in Clause 1 of this Article.
5. Agencies, organizations and individuals
involved in social insurance.
The subjects defined in Clauses 1, 2 and 4 of
this Article are below collectively referred to as employees.
Article 3. Interpretation
of terms
In this Law, the terms below are construed as
follows:
1. Social insurance means the guarantee
to fully or partially offset an employee’s income that is reduced or lost due
to his/her sickness, maternity, labor accident, occupational disease,
retirement or death, on the basis of his/her contributions to the social
insurance fund.
2. Compulsory social insurance means a
form of social insurance organized by the State in which employees and
employers are required to participate.
3. Voluntary social insurance means a
form of social insurance organized by the State in which a participant may
select a premium rate and a method of premium payment suitable to his/her
income and the State supports his/her payment of social insurance premiums for
him/her to enjoy retirement and survivorship allowance regimes.
4. Social insurance fund is a financial
fund which is independent from the state budget and set up by contributions
from employees and employers and with the State's support.
5. Period of social insurance premium
payment means a period counted from the time an employee starts paying
social insurance premiums to the time he/she stops such payment. In case an
employee pays social insurance premiums in interrupted periods, his/her period
of social insurance premium payment is the total of such periods.
6. Relative means an insured’s natural
child, adopted child, spouse, natural father, natural mother, adoptive father,
adoptive mother, father-in-law or mother- in-law, or another family member whom
the insured is obliged to nurture in accordance with the law on marriage and
family.
7. Supplementary retirement scheme is a
voluntary social insurance policy aiming to supplement the retirement regime
under compulsory social insurance, which is formed by contributions from
employees and employers in the form of personal savings accounts, and preserved
and accumulated through investment activities in accordance with law.
Article 4. Social
insurance regimes
1. Compulsory social insurance covers the
following regimes:
a/ Sickness;
b/ Maternity;
c/ Labor accident and occupational disease;
d/ Retirement;
dd/ Survivorship allowance.
2. Voluntary social insurance covers the
following regimes:
a/ Retirement;
b/ Survivorship allowance.
3. The supplementary retirement scheme shall be
stipulated by the Government.
Article 5. Social
insurance principles
1. Levels of social insurance allowances shall
be calculated based on the social insurance premium rate, the premium payment
period and the sharing among the insured.
2. The compulsory social insurance premium rate
shall be calculated based on an employee’s monthly salary. The voluntary social
insurance premium rate shall be calculated based on the monthly income selected
by employees.
3. Employees who pay both compulsory and
voluntary social insurance premiums are entitled to the retirement regime and
survivorship allowance regime based on their period of social insurance premium
payment. The period of social insurance premium payment already calculated for
enjoying a lump-sum social insurance allowance shall not be included in the
period used to calculate social insurance regimes.
4. The social insurance fund shall be managed
in a centralized, uniform, public and transparent manner; used for proper
purposes and independently accounted by component funds and groups of the
insured subject to the state- prescribed salary regime and the employer-decided
salary regime.
5. Social insurance shall be implemented in a
simple, easy and convenient manner, promptly and fully ensuring the interests
of the insured.
Article 6. State
policies on social insurance
1. To encourage and create conditions for
agencies, organizations and individuals to participate in social insurance.
2. To provide support for voluntary social
insurance participants.
3. To protect the social insurance fund and
take measures to preserve and develop the fund.
4. To encourage employers and employees to
participate in the supplementary retirement scheme.
5. To prioritize investment in the development
of information technology for social insurance management.
Article 7. Contents
of state management of social insurance
1. To promulgate, and organize the
implementation of, legal documents, strategies and policies on social
insurance.
2. To propagate and disseminate policies and
law on social insurance.
3. To perform statistical and information work
on social insurance.
4. To organize the apparatus for social
insurance implementation; to train human resources for social insurance work.
5. To manage the collection, payment,
preservation, development and balancing of the social insurance fund.
6. To inspect and examine the observance of the
law on social insurance; to settle complaints and denunciations and handle
violations of the law on social insurance.
7. To carry out international cooperation on
social insurance.
Article 8. State
management agencies in charge of social insurance
1. The Government shall perform the unified
state management of social insurance.
2. The Ministry of Labor, War Invalids and
Social Affairs shall take responsibility before the Government for performing
the state management of social insurance.
3. Ministries and ministerial-level agencies
shall, within the ambit of their tasks and powers, perform the state management
of social insurance.
4. Vietnam Social Security shall participate
and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the
Ministry of Finance and People’s Committees of provinces and centrally run
cities (below referred to as provincial-level People’s Committees) in managing
the collection, payment, preservation, development and balancing of the social
insurance fund.
5. People’s Committees at all levels shall
perform the state management of social insurance within their localities as
decentralized by the Government.
Article 9. Modernization
of social insurance management
1. The State shall encourage investment in the
development of advanced technologies and technical equipment for social
insurance management and implementation.
2. By 2020, the national e-database on social
insurance management shall be completely built and put into operation.
Article 10. Social
insurance-related responsibilities of the Minister of
Labor, Invalids, and Social Affairs
1. To formulate strategies, master plans and
plans on social insurance development.
2. To formulate policies and law on social insurance;
to submit to competent state agencies for promulgation or promulgate within
his/her competence legal documents on social insurance.
3. To develop and submit to the Government
development targets for social insurance participants.
4. To propagate and disseminate policies and
law on social insurance.
5. To direct, guide, and organize the
implementation of, policies and law on social insurance.
6. To inspect, examine, handle violations and
settle complaints and denunciations about social insurance, except those
specified in Clause 2, Article 11 of this Law.
7. To submit to the Government for decision
handling measures in cases of necessity to protect employees’ legitimate rights
and interests related to social insurance.
8. To perform statistical and information work
on social insurance.
9. To organize training in social insurance.
10. To organize scientific research and
international cooperation on social insurance.
11. To annually report on the implementation of
social insurance to the Government.
Article 11. Social
insurance-related responsibilities of the Minister of Finance
1. To formulate and submit to competent state
agencies for promulgation or promulgate within his/her competence financial
management mechanisms for social insurance and expenses for social insurance
management.
2. To inspect, examine, handle violations, and
settle complaints and denunciations about financial management of social
insurance.
3. To send annual reports on the management and
use of social insurance funds to the Minister of Labor, War Invalids and Social
Affairs for summarization and reporting to the Government.
Article 12. Social
insurance-related responsibilities of People’s Committees at all levels
1. To direct and organize the implementation of
policies and law on social insurance.
2. To set development targets for social
insurance participants for inclusion in annual socio-economic development plans
and submit them to same- level People’s Councils for decision.
3. To propagate and disseminate policies and
law on social insurance.
4. To inspect, examine, handle violations, and
settle complaints and denunciations about social insurance.
5. To propose to competent state agencies
amendments and supplements to policies and law on social insurance.
Article 13. Social
insurance inspection
1. The labor, war invalid and social affairs
inspectorate shall perform the function of specialized inspection of the
implementation of policies and law on social insurance in accordance with the
inspection law.
2. The finance inspectorate shall perform the
function of specialized inspection of financial management of social insurance
in accordance with the inspection law.
3. Social insurance agencies shall perform the
function of specialized inspection of the payment of social insurance, unemployment
insurance and health insurance premiums in accordance with this Law and other
relevant laws.
4. The Government shall detail this Article.
Article 14. Rights
and responsibilities of trade union organizations and the Vietnam Fatherland
Front and its member organizations
1. Trade union organizations have the following
rights:
a/ To protect the lawful and legitimate rights
and interests of insured employees;
b/ To request employers and social insurance
agencies to provide information on employees’ social insurance;
c/ To supervise the implementation, and propose
competent agencies to handle violations, of the law on social insurance;
d/ To initiate lawsuits at a court against
violations of the law on social insurance which affect the lawful rights and
interests of employees and employee collectives under Clause 8, Article 10 of
the Trade Union Law.
2. Trade union organizations have the following
responsibilities:
a/ To propagate and disseminate policies and
law on social insurance to employees;
b/ To participate in inspecting and examining
the implementation of the law on social insurance;
c/ To propose and participate in the
elaboration, revision and supplementation of policies and law on social
insurance.
3. The Vietnam Fatherland Front and its member
organizations shall, within the ambit of their functions and tasks, conduct
public information work and mobilize their members and people to implement
policies and law on social insurance and proactively participate in social
insurance in forms suitable to them and their families; participate in the
protection of the lawful and legitimate rights and interests of their members;
provide social counter-arguments for and join state agencies in the formulation
of policies and law on social insurance; and supervise the implementation of
policies and law on social insurance in accordance with law.
Article 15. Rights
and responsibilities of employers’ representative organizations
1. Employers’ representative organizations have
the following rights:
a/ To protect the lawful rights and interests
of the insured employers;
b/ To propose competent state agencies to
handle violations of the law on social insurance.
2. Employers’ representative organizations have
the following responsibilities:
a/ To propagate and disseminate policies and
law on social insurance to employers;
b/ To participate in examining and supervising
the implementation of the law on social insurance;
c/ To propose and participate in the
formulation, revision and supplementation of policies and law on social
insurance.
Article 16. Reporting
and audit regimes
1. Annually, the Government shall report to the
National Assembly on the implementation of policies and law on social
insurance, and the management and use of the social insurance fund.
2. Once every three years, the State Audit
Office shall audit the social insurance fund and report on audit results to the
National Assembly. At the request of the National Assembly, the National
Assembly Standing Committee or the Government, the social insurance fund shall
be audited unexpectedly.
Article 17. Prohibited
acts
1. Shirking the payment of compulsory social
insurance or unemployment insurance premiums.
2. Delaying the payment of social insurance or
unemployment insurance premiums.
3. Appropriating social insurance or
unemployment insurance premiums or allowances.
4. Falsifying or forging dossiers in the
implementation of social insurance or unemployment insurance.
5. Illegally using the social insurance fund or
unemployment insurance fund.
6. Causing obstacles or troubles to, or harming
the lawful and legitimate rights and interests of, employees or employers.
7. Illegally accessing or exploiting the
database on social insurance or unemployment insurance.
8. Making untruthful reports or providing
inaccurate information or data on social insurance or unemployment insurance.
RIGHTS
AND RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS AND SOCIAL INSURANCE AGENCIES
Article 18. Rights
of employees
1. To participate in social insurance and enjoy
social insurance regimes in accordance with this Law.
2. To be granted and manage social insurance
books.
3. To fully and promptly receive pensions and
social insurance allowances in one of the following forms:
a/ Directly from social insurance agencies or service
organizations authorized by social insurance agencies;
b/ Via their deposit accounts opened at banks;
c/ Through employers.
4. To enjoy health insurance in the following
cases:
a/ Being on pension;
b/ Taking leave on maternity allowance for
childbirth or child adoption;
c/ Taking leave on monthly labor accident or
occupational disease allowance;
d/ Being on sickness allowance, for employees
who suffer a disease on the Ministry of Health-issued list of diseases
requiring long-term treatment.
5. To take medical assessment of their working
capacity decrease, if they fall in the case specified at Point b, Clause 1,
Article 45 of this Law and have their period of social insurance premium
payment reserved; not to pay medical assessment costs if they are eligible to
social insurance.
6. To authorize others to receive pensions or
social insurance allowances.
7. Every 6 months, to be provided by employers
with information on the payment of social insurance premiums; every year, to
have the payment of social insurance premiums certified by social insurance
agencies; to request employers and social insurance agencies to provide
information on the payment of social insurance premiums and enjoyment of social
insurance.
8. To lodge complaints or denunciations or
initiate lawsuits about social insurance in accordance with law.
Article 19. Responsibilities
of employees
1. To pay social insurance premiums in
accordance with this Law.
2. To comply with regulations on making of
social insurance dossiers.
3. To preserve social insurance books.
Article 20. Rights
of employers
1. To reject requests which are contrary to the
law on social insurance.
2. To lodge complaints or denunciations or
initiate lawsuits about social insurance in accordance with law.
Article 21. Responsibilities
of employers
1. To make dossiers for employees to be granted
social insurance books, pay social insurance premiums and enjoy social
insurance.
2. To pay social insurance premiums under
Article 86, and make monthly deductions from employees’ salaries under Clause
1, Article 85, of this Law for simultaneous payment to the social insurance
fund.
3. To introduce employees defined at Point a,
Clause 1, in Clause 2, Article 45, or in Article 55, of this Law to the Medical
Assessment Council for assessment of their working capacity decrease.
4. To coordinate with social insurance agencies
in paying social insurance allowances to employees.
5. To coordinate with social insurance agencies
in returning social insurance books to and certifying periods of social
insurance premium payment for employees who terminate labor contracts or
working contracts or cease working in accordance with law.
6. To provide accurate, sufficient and prompt
information and documents relating to the payment of social insurance premiums
and enjoyment of social insurance at the request of competent state management
agencies or social insurance agencies.
7. Every 6 months, to post up information on
the payment of social insurance premiums for employees; to provide information
on employees’ payment of social insurance premiums at the request of employees
or trade union organizations.
8. Annually, to post up information on
employees’ payment of social insurance premiums provided by social insurance
agencies under Clause 7, Article 23 of this Law.
Article 22. Rights
of social insurance agencies
1. To organize the management of personnel,
finance and assets in accordance with law.
2. To reject unlawful claims for social
insurance, unemployment insurance or health insurance allowances.
3. To request employers to produce labor
management books, salary tables and other information and documents relating to
the payment of social insurance, unemployment insurance and health insurance
premiums and enjoyment of social insurance, unemployment insurance or health
insurance.
4. To be provided by enterprise registration
agencies or agencies granting operation certificates or operation licenses with
copies of enterprise registration certificates, operation licenses, operation
certificates or establishment decisions in order to register employees covered
by social insurance and health insurance, for newly established enterprises and
organizations.
5. Every 6 months, to be provided by local
state management agencies in charge of labor with information on employment and
change of employees in localities.
6. To be provided by tax agencies with tax
identification numbers of employers; to be annually provided with information
on employers’ salary expenses used for tax calculation.
7. To examine the implementation of social
insurance policies; to conduct specialized inspection of the payment of social
insurance, unemployment insurance and health insurance premiums.
8. To propose to competent state agencies the
formulation, revision and supplementation of policies and laws on social
insurance, unemployment insurance and health insurance and the management of
social insurance, unemployment insurance and health insurance funds.
9. To handle, or propose competent state
agencies to handle, violations of the laws on social insurance, unemployment
insurance and health insurance.
Article 23. Responsibilities
of social insurance agencies
1. To propagate and disseminate policies and
laws on social insurance, unemployment insurance and health insurance.
2. To issue forms of social insurance and
unemployment insurance books and dossiers after reaching agreement with the
Ministry of Labor, War Invalids and Social Affairs.
3. To collect social insurance, unemployment
insurance and health insurance premiums and pay social insurance, unemployment
insurance and health insurance allowances in accordance with law.
4. To grant social insurance books to
employees; to manage social insurance books after settling the retirement
regime or survivorship allowance regime for employees.
5. To receive social insurance and health
insurance dossiers; to settle social insurance and health insurance regimes; to
pay pensions and social insurance and unemployment insurance allowances in a
full, convenient and timely manner.
6. To annually certify periods of social
insurance premium payment for each employee; to fully and promptly provide
information on the payment of social insurance premiums, the right to social
insurance regimes, and procedures for social insurance implementation at the
request of employees, employers or trade union organizations.
7. To annually provide information on
employees’ payment of social insurance premiums to employers to posting.
8. To apply information technology to social
insurance management; to archive the insured’s dossiers in accordance with law.
9. To manage and use social insurance,
unemployment insurance and health insurance funds in accordance with law.
10. To take measures to preserve and develop
social insurance, unemployment insurance and health insurance funds under
decisions of the Management Board of Vietnam Social Security.
11. To perform statistical and financial
accounting work on social insurance, unemployment insurance and health
insurance.
12. To provide professional training in and
guidance on social insurance, unemployment insurance and health insurance.
13. To report to the Management Board of
Vietnam Social Security every 6 months and to the Ministry of Labor, War
Invalids and Social Affairs every year on the implementation of social
insurance and unemployment insurance; to report to the Ministry of Health on
the implementation of health insurance; to report to the Ministry of Finance on
the management and use of social insurance, unemployment insurance and health
insurance funds.
Annually, local social insurance agencies shall
report to same-level People’s Committees on the implementation of social
insurance, unemployment insurance and health insurance in localities under their
management.
14. To publicize in the mass media employers
that violate the obligation to pay social insurance, unemployment insurance or
health insurance premiums.
15. To provide relevant documents and
information at the request of competent state agencies.
16. To settle complaints and denunciations
about the implementation of social insurance, unemployment insurance and health
insurance in accordance with law.
17. To carry out international cooperation on
social insurance, unemployment insurance and health insurance.
COMPULSORY SOCIAL INSURANCE[DNH1]
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[DNH2]
1. Employees who have to take leave due to
sickness or accidents other than labor accidents, with the certification of a
competent health establishment under the Ministry of Health’s regulations.
The sickness regime does not cover employees
who take leave due to sickness or accidents as a result of self-infliction,
drunkenness or use of narcotics or narcotic precursors on the
Government-prescribed list.
2. Employees who have to take leave for caring
for sick children aged under 7 years, with the certification of a competent
health establishment.
Article
26. Period
of enjoying the sickness regime[DNH3]
1. The maximum period of enjoying the sickness
regime in a year for employees defined at Points a, b, c, d and h, Clause 1,
Article 2 of this Law shall be counted in working days, excluding public
holidays, New Year holidays and weekends, and is specified as follows:
a/ For employees working under normal
conditions, this period is 30 days, if they have paid social insurance premiums
for under 15 years; 40 days, if they have paid social insurance premiums for
between full 15 years and under 30 years; or 60 days, if they have paid social
insurance premiums for full 30 years or more;
b/ For employees doing heavy, hazardous or
dangerous occupations or jobs extremely heavy, hazardous or dangerous
occupations or jobs on the list issued by the Ministry of Labor, War Invalids
and Social Affairs, or working in areas with a region-based allowance
coefficient of 0.7 or higher, this period is 40 days, if they have paid social
insurance premiums for under 15 year; 50 days, if they have paid social
insurance premiums for between full 15 years and under 30 years; or 70 days, if
they have paid social insurance premiums for full 30 years or more.
2. For employees who take leave due to diseases
on the Ministry of Health-issued list of diseases requiring long-term
treatment, the period of enjoying the sickness regime is specified as follows:
a/ 180 days at most in a year, including public
holidays, New Year holidays and weekends;
b/ If employees still need treatment after the
expiration of the period specified at Point a of this Clause, they are entitled
to continue enjoying the sickness regime for a shorter period not exceeding the
period of social insurance premium payment.
3. The period of enjoying the sickness regime
for employees defined at Point dd, Clause 1, Article 2 of this Law shall be
based on the period of treatment at a competent health establishment.
Article
27. Leave
period upon sickness of children[DNH4]
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[DNH5]
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[DNH6]
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.
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[DNH7]
1. Employees shall be covered by the maternity
regime in one of the following cases:
a/ Pregnant female employees;
b/ Female employees giving birth to children;
c/ Female employees as surrogate mothers and
intended mothers;
d/ Employees adopting under-6-month children;
dd/ Female employees having intrauterine
devices or employees taking sterilization measures;
e/ Male employees currently paying social
insurance premiums whose wives give birth to children.
2. To enjoy the maternity regime, employees
defined at Points b, c and d, Clause 1 of this Article must have paid social
insurance premiums for at least full 6 months within 12 months before
childbirth or child adoption.
3. To enjoy the maternity regime, employees
defined at Point b, Clause 1 of this Article who have paid social insurance
premiums for at least full 12 months and need to take a leave during pregnancy
for pregnancy care as prescribed by a competent health establishment must have
paid social insurance premiums for at least full 3 months within 12 months
before childbirth.
4. Employees who fully satisfy the conditions
specified in Clause 2 or 3 of this Article and terminate their labor contracts
or working contracts or cease working before the time of childbirth or the time
of adoption of under-6-month children are still entitled to the maternity
regime prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this
Law.
Article 32. Leave
period for prenatal checks-up
1. Pregnant female employees are entitled to
take leaves for 5 prenatal checks-up, one day for each check-up; employees who
live far from health establishments or have pathological signs or abnormal
pregnancies are entitled to take a two-day leave for each prenatal check-up.
2. The leave period specified in this Article
shall be counted in working days, excluding public holidays, New Year holidays
and weekends.
Article
33. Leave
period upon miscarriage, abortion, stillbirth or pathological abortion[DNH8]
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[DNH9]
1. Female employees are entitled to a 6-month
leave before and after childbirth under the maternity regime. For a female
employee who gives birth to twins or more infants, she is entitled to an
additional leave of 1 month for each infant from the second.
The maternity leave period before childbirth
must not exceed 2 months.
2. Male employees currently paying social
insurance premiums whose wives give birth to children are entitled to a
maternity leave of:
a/ 5 working days;
b/ 7 working days, in case their wives undergo
a surgical birth or give birth to children before 32 weeks of pregnancy;
c/ 10 working days, in case their wives give
birth to twins; or additional 3 working days for each infant from the second;
d/ 14 working days, in case their wives give
birth to twins or more infants and take childbirth operation.
The maternity leave period specified in this
Clause must be within the first 30 days after the date of childbirth.
3. After childbirth, if an under-2-month child
dies, the mother is entitled to a 4-month leave from the date of childbirth; if
a child aged 2 months or older dies, the mother is entitled to a 2-month leave
from the date of the child’s death, but the maternity leave period must not
exceed the period specified in Clause 1 of this Article; such leave period
shall not be included in the period of personal leave as prescribed by the
labor law.
4. In case only the mother is covered by social
insurance or both parents are covered by social insurance but the mother dies
in childbirth, the father or the direct fosterer is entitled to a maternity
leave for the remaining period applicable to the mother as specified in Clause
1 of this Article. In case the mother who is covered by social insurance but
does not fully satisfy the conditions specified in Clause 2 or 3, Article 31 of
this Law, dies, the father or the direct fosterer is entitled to a maternity
leave until the child reaches full 6 months.
5. The father or the direct fosterer who is
covered by social insurance but does not take a leave under Clause 4 of this
Article is entitled to not only his/her salary but also the maternity regime
for the remaining period applicable to the mother as specified in Clause 1 of
this Article.
6. In case only the father is covered by social
insurance and the mother dies in childbirth or faces a postnatal risk that
makes her unable to care for the child, as certified by a competent health
establishment, the father is entitled to a maternity leave until the child
reaches full 6 months.
7. The maternity leave period specified in
Clause 1, 3, 4, 5 or 6 of this Article is inclusive of public holidays, New
Year holidays and weekends.
Article
35. Maternity
regime of female employees as surrogate mothers and intended mothers[DNH10]
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[DNH11]
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[DNH12]
1. For employees entitled to the maternity
regime as prescribed in Articles 32 thru 37 of this Law, the allowance levels
shall be calculated as follows:
a/ A monthly allowance must equal 100% of the
average of salaries of 6 months preceding the leave on which social insurance
premiums are based. For employees who have paid social insurance premiums for
only under 6 months, the allowance level under the maternity regime specified
in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of this
Law, is the average of salaries of the months for which social insurance
premiums have been paid;
b/ The per-diem allowance for the case
specified in Article 32, or Clause 2, Article 34, of this Law must equal the
monthly maternity allowance divided by 24 days;
c/ The allowance level after childbirth or
child adoption shall be calculated based on the monthly allowance specified at
Point a, Clause 1 of this Article; in case of odd days or the case specified in
Article 33 or 37 of this Law, the per- diem allowance must equal the monthly
allowance divided by 30 days.
2. The maternity leave period of 14 working
days or more in a month shall be regarded as a period of social insurance
premium payment. During this period, employees and employers are not required
to pay social insurance premiums.
3. The Minister of Labor, Invalids and Social
Affairs shall stipulate in detail the conditions for and period of enjoyment
and levels of allowances applicable to the subjects defined in Article 24, and
Clause 1, Article 31, of this Law.
Article 40. Female
employees going to work prior to the expiration of the maternity leave period
1. Female employees may go to work prior to the
expiration of the maternity leave period specified in Clause 1 or 3, Article 34
of this Law when fully meeting the following conditions:
a/ Having taken a leave for at least 4 months;
b/ Notifying in advance their wish to go to
work prior to the expiration of the maternity leave period and obtaining the
consent of their employers.
2. Female employees who go to work prior to the
expiration of the maternity leave period are entitled to not only salaries but
also the maternity regime until the expiration of the period specified in
Clause 1 or 3, Article 34 of this Law.
Article
41. Convalescence
and health rehabilitation after the maternity leave period[DNH13]
1. Female employees whose health has not yet
recovered within the first 30 working days after the maternity leave period
specified in Article 33, or Clause 1 or 3, Article 34, of this Law, are
entitled to a leave for convalescence and health rehabilitation of between 5
and 10 days.
The leave period for convalescence and health
rehabilitation is inclusive of public holidays, New Year holidays and weekends.
The leave period for convalescence and health rehabilitation which lasts from
the end of a year to the following year shall be counted for the previous year.
2. The number of days of a leave period for
convalescence and health rehabilitation specified in Clause 1 of this Article
shall be jointly decided by the employer and grassroots Trade Union Executive
Committee, or by the employer in case the grassroots Trade Union organization
has not yet been set up. The maximum leave period for convalescence and health
rehabilitation is:
a/ 10 days, for female employees who give birth
to twins or more infants;
b/ 7 days, for female employees who have a
surgical birth;
c/ 5 days, in other cases.
3. The per-diem allowance for convalescence and
health rehabilitation after maternity leave period must equal 30% of the basic
salary.
Section 3. LABOR ACCIDENT AND
OCCUPATIONAL DISEASE REGIMES
Article 42. Coverage
of labor accident and occupational disease regimes
Labor accident and occupational disease regimes
cover employees defined at Points a, b, c, d, dd, e and h, Clause 1, Article 2
of this Law.
Article 43. Conditions
for enjoying the labor accident regime
Employees are entitled to the labor accident
regime when fully satisfying the following conditions:
1. Getting accidents in one of the following
cases:
a/ At the workplace and during working hours;
b/ Outside the workplace or beyond working
hours while performing tasks assigned by their employers;
c/ On a route to and from residence and
workplace within a rational time and on a rational route.
2. Suffering a working capacity decrease of 5%
or more after getting accidents specified in Clause 1 of this Article.
Article 44. Conditions
for enjoying the occupational disease regime
Employees are entitled to the occupational
disease regime when fully satisfying the following conditions:
1. Getting a disease on the list of
occupational diseases jointly issued by the Ministry of Health and the Ministry
of Labor, War Invalids and Social Affairs, when working in a hazardous
environment or doing hazardous jobs;
2. Suffering a working capacity decrease of 5%
or more after getting the disease specified in Clause 1 of this Article.
Article 45. Assessment
of working capacity decrease
1. Employees getting a labor accident or an
occupational disease are entitled to assessment or re-assessment of their
working capacity decrease when falling in either of the following cases:
a/ Their health conditions have become stable
after treatment of an injury or a disease;
b/ Their health conditions have become stable
after treatment of a recurring injury or disease.
2. Employees are entitled to thorough
assessment of their working capacity decrease when falling in one of the
following cases:
a/ Getting both a labor accident and an
occupational disease;
b/ Getting labor accidents repeatedly;
c/ Getting many occupational diseases.
Article 46. Lump-sum
allowance
1. Employees suffering a working capacity
decrease of between 5% and 30% are entitled to a lump-sum allowance.
2. The lump-sum allowance levels are specified
as follows:
a/ Employees suffering a 5% working capacity
decrease are entitled to an allowance equaling 5 times the basic salary, which
shall be added with half of the basic salary for each additional 1% working
capacity decrease;
b/ In addition to the allowance level specified
at Point a of this Clause, employees are entitled to an additional allowance
calculated based on the period of social insurance premium payment, which
equals half of the salary of the month preceding the leave taken for treatment
on which social insurance premiums are based, for a period of social insurance
premium payment of one year or less, and shall then be added with 0.3 of the
salary of the month preceding the leave taken for treatment on which social
insurance premiums are based, for each additional year of social insurance
premium payment.
Article 47. Monthly
allowance
1. Employees suffering a working capacity
decrease of 31% or more are entitled to a monthly allowance.
2. The monthly allowance levels are specified
as follows:
a/ For employees suffering a 31% working
capacity decrease, the monthly allowance must equal 30% of the basic salary,
which shall be added with 2% of the basic salary for each additional 1% working
capacity decrease;
b/ In addition to the allowance level specified
at Point a of this Clause, employees are entitled to receive every month an
additional allowance calculated based on the period of social insurance premium
payment, which equals half of the salary of the month preceding the leave taken
for treatment on which social insurance premiums are based, for a period of
social insurance premium payment of one year or less, and shall then be added
with 0.3% of the salary of the month preceding the leave taken for treatment on
which social insurance premiums are based, for each additional year of social
insurance premium payment.
Article 48. Time
for allowance enjoyment
1. The time for employees to enjoy the
allowance specified in Article 46, 47 or 50 of this Law shall be counted from
the month they are completely treated and discharged from hospital.
2. When their injuries or diseases recur and
employees have their working capacity decrease re-assessed, the time for them
to enjoy the allowance shall be counted from the month when the Medical
Assessment Council makes conclusion.
Article 49. Daily-life
aid equipment and orthopedic devices
Employees getting a labor accident or an
occupational disease which damages their body functions shall, depending on the
conditions of their injury or disease, be annually provided with daily-life aid
equipment and orthopedic devices.
Article 50. Attendance
allowance
Employees suffering a working capacity decrease
of 81% or more, such as rachioplegia, total blindness, paraplegia, amputation
of two legs or a mental disease, are entitled to not only the allowance
specified in Article 47 of this Law but also a monthly attendance allowance
equal to the basic salary.
Article 51. Lump-sum
allowance upon death due to labor accidents or occupational diseases
For employees who die of a labor accident or an
occupational disease while working or die during the period of first-time
medical treatment due to a labor accident or an occupational disease, their
relatives are entitled to a lump- sum allowance equaling 36 times the basic
salary.
Article 52. Convalescence
and health rehabilitation after injury or disease treatment
1. Employees whose health has not yet recovered
after taking treatment of occupational diseases or injuries caused by labor
accidents are entitled to a leave of between 5 days and 10 days for convalescence
and health rehabilitation.
2. The per-diem allowance is equivalent to 25%
of the basic salary, if convalescence and health rehabilitation take place at
home; or equivalent to 40% of the basic salary, if convalescence and health
rehabilitation take place at health establishments.
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[DNH14]
1. Employees defined at Points a, b, c, d, g, h
and i, Clause 1, Article 2 of this Law, except those defined in Clause 3 of
this Article, who have paid social insurance premiums for at least full 20
years are entitled to pension when falling in one of the following cases:
a/ Being full 60 years old, for men, or full 55
years old, for women;
b/ Being between full 55 years and full 60
years old, for men, or between full 50 years and full 55 years old, for women,
and having full 15 years doing heavy, hazardous or dangerous occupations or
jobs or extremely heavy, hazardous or dangerous occupations or jobs on the list
jointly issued by the Ministry of Labor, War Invalids and Social Affairs and
the Ministry of Health, or having full 15 years working in areas with a
region-based allowance coefficient of 0.7 or higher;
c/ Employees who are between full 50 years and
full 55 years old and have paid social insurance premiums for at least full 20
years, including full 15 years spent in coal mines;
d/ Employees who are infected with HIV/AIDS due
to occupational risks.
2. Employees defined at Points dd and e, Clause
1, Article 2 of this Law, who cease working after having paid social insurance
premiums for at least full 20 years, are entitled to pension when falling in
one of the following cases:
a/ Being full 55 years old, for men, or full 50
years old, for women, unless otherwise provided by the Law on Officers of the
Vietnam People’s Army, the Law on People’s Public Security or the Law on
Cipher;
b/ Being between full 50 years and full 55
years old, for men, or between full 45 years and full 50 years old, for women,
and having full 15 years doing heavy, hazardous or dangerous occupations or
jobs or extremely heavy, hazardous or dangerous occupations or jobs on the list
jointly issued by the Ministry of Labor, War Invalids and Social Affairs and
the Ministry of Health, or having full 15 years working in areas with a
region-based allowance coefficient of 0.7 or higher;
c/ Employees who are infected with HIV/AIDS due
to occupational risks.
3. Female employees who are full-time or
part-time staffs in communes, wards or townships, and cease working after
having paid social insurance premiums for between full 15 years and under 20
years, and are full 55 years old, are entitled to pension.
4. The Government shall stipulate the
conditions on retirement ages for pension enjoyment in special cases; and the
conditions for pension enjoyment for the subjects defined at Points c and d,
Clause 1, and Point c, Clause 2, of this Article.
Article
55. Conditions
for employees to enjoy pension when suffering working capacity decrease[DNH15]
1. Employees defined at Points a, b, c, d, g,
h, and i, Clause 1, Article 2 of this Law, who cease working after having paid
social insurance premiums for at least full 20 years, are entitled to pension
lower than that applicable to persons who fully satisfy the conditions for
pension enjoyment as specified at Points a and b, Clause 1, Article 54 of this
Law when falling in one of the following cases:
a/ Since January 1, 2016, men who are full 51
years old, and women who are full 46 years old and suffer a working capacity
decrease of 61% or more will be eligible to pension. These age levels will
increase one year after each year until 2020, when only men who are full 55
years old and women who are full 50 years old will be eligible to pension when
suffering a working capacity decrease of 61% or more;
b/ Being full 50 years old, for men, or 45
years old, for women, and suffering a working capacity decrease of 81% or more;
c/ Suffering a working capacity decrease of 61%
or more and having full 15 years doing extremely heavy, hazardous or dangerous
occupations or jobs on the list jointly issued by the Ministry of Labor, War
Invalids and Social Affairs and the Ministry of Health.
2. Employees defined at Points dd and e, Clause
1, Article 2 of this Law, who cease working after having paid social insurance
premiums for at least full 20 years, and suffer a working capacity decrease of
61% or more, are entitled to pension lower than that applicable to persons who
fully satisfy the conditions for pension enjoyment as specified at Points a and
b, Clause 2, Article 54 of this Law when falling in either of the following
cases:
a/ Being full 50 years old, for men, 45 years
old, for women;
b/ Having at least full 15 years doing
extremely heavy, hazardous or dangerous occupations or jobs in the list jointly
issued by the Ministry of Labor, War Invalids and Social Affairs and the
Ministry of Health.
Article
56. Monthly
pension[DNH16]
1. From the effective date of this Law to
January 1, 2018, the monthly pension of employees who fully satisfy the
conditions specified in Article 54 of this Law must equal 45% of the average
monthly salary on which social insurance premiums are based as prescribed in
Article 62 of this Law, corresponding to 15 years of social insurance premium
payment, which shall be added with 2%, for men, or 3%, for women, for each
additional year of social insurance premium payment, but must not exceed 75%.
2. Since January 1, 2018, the monthly pension
of employees who fully satisfy the conditions specified in Article 54 of this
Law will equal 45% of the average monthly salary on which social insurance
premiums are based as prescribed in Article 62 of this Law, and correspond to
the following period of social insurance premium payment:
a/ For male employees who retire in 2018, 2019,
2020 and 2021 and since 2022, it is 16 years, 17 years, 18 years, 19 years and
20 years, respectively;
b/ For female employees who retire since 2018,
it is 15 years;
For employees defined at Points a and b of this
Clause, the pension rate shall be added with 2% for each additional year of
social insurance premium payment, but must not exceed 75%.
3. The monthly pension of employees who fully
satisfy the conditions specified in Article 55 of this Law shall be calculated
as stipulated in Clauses 1 and 2 of this Article, and reduced by 2% for each
year of early retirement.
In case an employee’s age is short of up to 6
months compared to the retirement age, his/her pension shall be reduced by 1%;
if his/her age is short of under 6 months, his/her pension shall not be reduced
due to early retirement.
4. The monthly pension of female employees who
fully satisfy the conditions for pension enjoyment specified in Clause 3 of
Article 54 shall be calculated based on the period of social insurance premium
payment and average monthly salary on which social insurance premiums are
based, specifically as follows: for a period of full 15 years, the monthly
pension must equal 45% of the average monthly salary on which social insurance
premiums are based as specified in Article 62 of this Law; for a period of
between full 16 years to under 20 years, the monthly pension shall be added
with 2% for each additional year of payment.
5. The lowest monthly pension of employees
covered by compulsory social insurance who fully satisfy the conditions for
pension enjoyment specified in Article 54 or 55 of this Law must equal the
basic salary, except the cases specified at Point i, Clause 1, Article 2, and
Clause 3, Article 54, of this Law.
6. The Government shall detail this Article.
Article 57. Adjustment
of pension
The Government shall stipulate the adjustment
of pension based on the increase in the consumer price index and economic
growth to suit the state budget capacity and social insurance fund.
Article 58. Lump-sum
allowance upon retirement
1. Employees who have paid social insurance
premiums for a period exceeding the number of years corresponding to the 75%
pension rate are entitled to not only pension but also a lump-sum allowance
upon retirement.
2. The lump-sum allowance level shall be
calculated based on the number of years of social insurance premium payment in
excess of the number of years corresponding to the 75% pension rate, with half
of the average monthly salary on which social insurance premiums are based for
each of these years.
Article 59. Time
for pension enjoyment
1. For employees who are paying compulsory
social insurance premiums as defined at Points a, b, c, d, dd, e and i, Clause
1, Article 2 of this Law, the time for pension enjoyment is the time stated in
work cessation decisions issued by employers when the employees have fully
satisfied the law-prescribed conditions for pension enjoyment.
2. For employees who are paying compulsory
social insurance premiums as defined at Point h, Clause 1, Article 2 of this
Law, the time for pension enjoyment is the month following the month when they
have fully satisfied the conditions for pension enjoyment and submitted written
requests to social insurance agencies.
3. For employees defined at Point g, Clause 1,
Article 2 of this Law and persons who have their period of social insurance
premium payment reserved, the time for pension enjoyment is the time stated in
the written requests of the employees who have fully satisfied the prescribed
conditions for pension enjoyment.
4. The Minister of Labor, Invalids and Social
Affairs shall stipulate in detail the time for pension enjoyment for employees
defined in Clause 1, Article 2 of this Law.
Article 60. Lump-sum
social insurance allowance
1. Employees defined in Clause 1, Article 2 of
this Law are entitled to a lump-sum social insurance allowance upon their
request when falling in one of the following cases:
a/ They have reached the retirement age
specified in Clause 1, 2 or 4, Article 54 of this Law but have paid social
insurance premiums for under full 20 years, or the age specified in Clause 3,
Article 54 of this Law but have paid social insurance premiums for under full
15 years and do not continue paying voluntary social insurance premiums;
b/ They settle abroad;
c/ They get a fatal disease, such as cancer,
poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, or HIV
infection progressing into AIDS, or other diseases as prescribed by the
Ministry of Health;
d/ Employees defined at Points dd and e, Clause
1, Article 2 of this Law who are demobilized or cease working without being
eligible for pension.
2. The lump-sum social insurance allowance
shall be calculated based on the number of years of social insurance premium
payment; for each year of payment it must equal:
a/ 1.5 times the average monthly salary on
which social insurance premiums are based, for the years of payment prior to
2014;
b/ 2 times the average monthly salary on which
social insurance premiums are based for the years of payment since 2014;
c/ For a period of social insurance premium
payment of under 1 year, the social insurance allowance must equal the paid
premium amount but not exceed 2 times the average monthly salary on which
social insurance premiums are based.
3. The lump-sum social insurance allowance
specified in Clause 2 of this Article is exclusive of the State’s monetary
support for payment of voluntary social insurance premiums, except the case
specified at Point c, Clause 1 of this Article.
4. The time for enjoying the lump-sum social
insurance allowance is the time stated in decisions of social insurance
agencies.
Article 61. Reservation
of period of social insurance premium payment
Employees who cease working without being
eligible for pension specified in Article 54 or 55 of this Law or without
receiving a lump-sum social insurance allowance provided in Article 60 of this
Law are entitled to have their period of social insurance premium payment
reserved.
Article
62. Average
monthly salary on which social insurance premiums are based for calculation of
pension and lump-sum allowance[DNH17]
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[DNH18]
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[DNH19]
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[DNH20]
1. Persons on pension or monthly social
insurance allowance who settle abroad are entitled to a lump-sum allowance.
2. The lump-sum allowance for pensioners shall
be calculated based on their period of social insurance premium payment, in
which for each year of payment of social insurance premiums prior to 2014, they
are entitled to 1.5 months’ current pension and for each year of payment of
social insurance premiums since 2014, they are entitled to 2 months’ current
pension; then for each month they have received pension, half of a month’s
pension shall be deducted from the lump-sum allowance. The lowest allowance
must equal 3 months’ current pension.
3. The lump-sum allowance for a person on
monthly social insurance allowance must equal 3 months’ current allowance.
Section 5. SURVIVORSHIP ALLOWANCE
REGIME
Article 66. Funeral
allowance
1. When the following persons die, the persons
who take charge of their funeral are entitled to a lump-sum funeral allowance:
a/ Employees defined in Clause 1, Article 2 of
this Law who are paying social insurance premiums or employees who have their
period of social insurance premium payment reserved and have paid social
insurance premium payment for at least full 12 months;
b/ Employees who die of a labor accident or an
occupational disease or die during treatment due to a labor accident or an
occupational disease;
c/ Persons who are on pension or monthly labor
accident or occupational disease allowance and have ceased working.
2. The funeral allowance must equal 10 times
the basic salary of the month when the persons defined in Clause 1 of this
Article die.
3. When the persons defined in Clause 1 of this
Article are declared dead by the court, their relatives are entitled to the
funeral allowance specified in Clause 2 of this Article.
Article 67. Cases
eligible for monthly survivorship allowance
1. When the persons defined in Clauses 1 and 3,
Article 66 of this Law, who fall in one of the following cases, die, their
relatives are entitled to a monthly survivorship allowance:
a/ They have paid social insurance premiums for
at least full 15 years but have not yet received a lump-sum social insurance
allowance;
b/ They are on pension;
c/ They die of a labor accident or an
occupational disease;
d/ They are on monthly labor accident or occupational
disease allowance for their working capacity decrease of 61% or more.
2. Relatives of the persons defined in Clause 1
of this Article who are entitled to a monthly survivorship allowance include:
a/ Children aged under 18 years; children aged
full 18 years or older who suffer a working capacity decrease of 81% or more;
or children whose father died while they are in the womb.
b/ Wives aged full 55 years or older or
husbands aged full 60 years or older; wives aged under 55 years or husbands
aged under 60 years who suffer a working capacity decrease of 81% or more;
c/ Natural fathers, natural mothers,
fathers-in-law, mothers-in-law, or other family members whom the insured are
obliged to nurture in accordance with the law on marriage and family, who are
full 60 years or older, for men, or full 55 years or older, for women;
d/ Natural fathers, natural mothers,
fathers-in-law, mothers-in-law, or other family members whom the insured are
obliged to nurture in accordance with the law on marriage and family, who are
under 60 years old, for men, or under 55 years old, for women, and suffer a
working capacity decrease of 81% or more.
3. To enjoy a monthly survivorship allowance,
relatives defined at Points b, c and d, Clause 2 of this Article must have no
income or have monthly income lower than the basic salary. Incomes referred to
in this Law are exclusive of allowances provided under the law on preferential
treatment for people with meritorious services to the country.
4. The time limit for requesting an assessment
of working capacity decrease for enjoyment of a monthly survivorship allowance
is specified as follows:
a/ Within 4 months from the insured's death,
his/her relative shall file a written request;
b/ Within 4 months before or after the
expiration of the time limit for the relative defined at Point a, Clause 2 of
this Article to enjoy allowance under regulations, he/she shall file a written
request.
Article 68. Levels
of monthly survivorship allowance
1. The monthly survivorship allowance for each
relative must equal 50% of the basic salary, or 70% of the basic salary for
relatives who have no direct fosterer.
2. For a dead person defined in Clause 1,
Article 67 of this Law, the number of relatives entitled to monthly survivorship
allowance must not exceed 4; for 2 or more dead persons, their relatives are
entitled to 2 times the allowance level specified in Clause 1 of this Article.
3. The time for enjoying monthly survivorship
allowance must start from the month following the month the person defined in
Clause 1 or 3, Article 66 of this Law dies. For a child whose the father died
while he/she is in the womb, the monthly survivorship allowance shall be paid
from the month the child is born.
Article 69. Cases
of eligibility for lump-sum survivorship allowance
When the persons defined in Clauses 1 and 3,
Article 66 of this Law, who fall in one of the following cases, die, their
relatives are entitled to a lump-sum survivorship allowance:
1. They do not fall in the cases specified in Clause
1, Article 67 of this Law;
2. They fall in one of the cases specified in
Clause 1, Article 67 but have no relative eligible for the monthly survivorship
allowance as defined in Clause 2, Article 67 of this Law;
3. Their relatives who are entitled to the
monthly survivorship allowance as defined in Clause 2, Article 67 wish to
receive a lump-sum survivorship allowance, except under-6 children, children or
spouses suffering a working capacity decrease of 81% or more;
4. For employees who die without any relatives
as defined in Clause 6, Article 3 of this Law, the lump-sum survivorship
allowance must comply with the law of inheritance.
Article 70. Levels
of lump-sum survivorship allowance
1. The lump-sum survivorship allowance for
relatives of employees who are paying social insurance premiums or of employees
who have their period of social insurance premium payment reserved shall be
calculated based on the number of years of social insurance premium payment;
for each year of payment, these relatives are entitled to 1.5 times the average
monthly salary on which social insurance premiums are based, for the years of
payment prior to 2014; or to 2 times the average monthly salary on which social
insurance premiums are based, for the years of payment since 2014. The lowest
level must equal 3 times the average monthly salary on which social insurance
premiums are based. The average monthly salary on which social insurance
premiums are based used as a basis for calculation of the lump-sum survivorship
allowance shall be determined under Article 62 of this Law.
2. The lump-sum survivorship allowance for
relatives of dead pensioners shall be calculated based on the period of pension
enjoyment; if pensioners die within the first 2 months of pension enjoyment,
the allowance must equal 48 months’ current pension; if pensioners die in
subsequent months, the allowance shall be reduced by half a month’s pension for
each additional month of pension enjoyment; the lowest allowance level must
equal 3 months’ current pension.
3. The basic salary used for calculating the
lump-sum survivorship allowance is the basic salary of the month in which the
persons defined in Clause 1 or 3, Article 66 of this Law die.
Article 71. Retirement
regime and survivorship allowance regime for employees who pay both compulsory
social insurance and voluntary social insurance premiums
1. The retirement regime and survivorship
allowance regime for employees who pay both compulsory social insurance and
voluntary social insurance premiums are specified as follows:
a/ For employees who have paid compulsory
social insurance premiums for at least full 20 years, the conditions for
enjoyment and levels of pension must comply with the policy on compulsory
social insurance; the lowest monthly pension must equal the basic salary,
except the subjects defined at Point i, Clause 1, Article 2 of this Law;
b/ For employees who have paid compulsory
social insurance premiums for at least full 15 years, the monthly survivorship
allowance must comply with the policy on compulsory social insurance;
c/ For employees who have paid compulsory
social insurance premiums for at least full 12 months, the funeral allowance
must comply with the policy on compulsory social insurance.
2. The Government shall detail this Article.
Article 72. Coverage
of the retirement regime
The retirement regime for voluntary social
insurance participants covers employees defined in Clause 4, Article 2 of this
Law.
Article 73. Conditions
for pension enjoyment
1. Employees are entitled to pension when fully
satisfying the following conditions:
a/ Being full 60 years old, for men, or full 55
years old, for women;
b/ Having paid social insurance premiums for at
least full 20 years.
2. Employees who satisfy the age requirement
specified at Point a, Clause 1 of this Article but have paid social insurance
premiums for under 20 years may continue paying social insurance premiums until
the payment period reaches full 20 years in order to enjoy pension.
Article 74. Levels
of monthly pension
1. From the effective date of this Law to
January 1, 2018, the level of monthly pension for employees who fully satisfy
the conditions specified in Article 73 of this Law must equal 45% of the
average monthly income on which social insurance premiums are based as
prescribed in Article 79 of this Law, corresponding to 15 years of social
insurance premium payment, which shall then be added with 2% for men and 3% for
women for each additional year of social insurance premium payment, but must
not exceed 75%.
2. Since January 1, 2018, the monthly pension
of employees who fully satisfy the conditions specified in Article 73 of this
Law must equal 45% of the average monthly income on which social insurance
premium are based as provided in Article 79 of this Law, and correspond to the
following number of years of social insurance premium payment:
a/ For male employees who retire in 2018, 2019,
2020 and 2021 and in 2022 and afterward, it is 16 years, 17, years, 18 years,
19 years and 20 years, respectively;
b/ For female employees who retire in 2018 and
afterward, it is 15 years. Then, for employees defined at Points a and b of
this Clause, the monthly pension shall be added with 2% for every additional
year, but must not exceed 75%.
3. The adjustment of pension must comply with
Article 57 of this Law.
Article 75. Lump-sum
allowance upon retirement
1. Employees who have a period of social
insurance premium payment longer than the number of years corresponding to the 75%
pension rate are entitled to not only pension but also a lump-sum allowance
upon retirement.
2. The lump-sum allowance shall be calculated
based on the number of years of social insurance premium payment in excess of
the number of years corresponding to the 75% pension enjoyment rate, with half
of the average monthly income on which social insurance premiums are based for
each of these years.
Article 76. Time
for pension enjoyment
1. The subjects defined in Article 72 of this
Law are entitled to receive pension from the month following the month when
they fully satisfy the conditions for pension enjoyment specified in Article 73
of this Law.
2. The Minister of Labor, Invalids, and Social
Affairs shall detail this Article.
Article 77. Lump-sum
social insurance allowance
1. Employees defined in Clause 4, Article 2 of
this Law are entitled to a lump-sum social insurance allowance upon request if
they fall in one of the following cases:
a/ They satisfy the age requirement specified
at Point a, Clause 1, Article 73 of this Law but have paid social insurance
premiums for under 20 years and do not continue paying social insurance
premiums;
b/ They settle abroad;
c/ They suffer a fatal disease, such as cancer,
poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, HIV infection
progressing into AIDS, or other diseases as prescribed by the Ministry of
Health.
2. The lump-sum social insurance allowance
shall be calculated based on the number of years of social insurance premium
payment; for each year of payment they are entitled to:
a/ 1.5 times the average monthly income on
which social insurance premiums are based, for the years of payment prior to
2014;
b/ 2 times the average monthly income on which
social insurance premiums are based, for the years of payment since 2014;
c/ In case the period of social insurance
premium payment is under 1 year, the social insurance allowance must equal the
paid premium amount but must not exceed 2 times the average monthly income on
which social insurance premiums are based.
3. The lump-sum social insurance allowance for
the subjects eligible for the State’s support under Clause 2 of this Article is
exclusive of the State’s monetary support for payment of voluntary social
insurance premiums, except the case specified at Point c, Clause 1 of this
Article.
4. The time for enjoying the lump-sum social
insurance allowance is the time stated in decisions of social insurance
agencies.
5. The social insurance regime for employees
covered by voluntary social insurance and currently on pension who settle
abroad shall be implemented under Clauses 1 and 2, Article 65 of this Law.
Article 78. Reservation
of the period of social insurance premium payment, suspension from or
continuation of pension enjoyment
1. Employees who stop paying voluntary social
insurance premiums without fully satisfying the conditions for pension
enjoyment as provided in Article 73 or without receiving a lump-sum social
insurance allowance under Article 77 of this Law are entitled to have their
period of social insurance premium payment reserved.
2. The suspension from or continuation of
pension enjoyment for employees covered by voluntary social insurance premiums
must comply with Article 64 of this Law.
Article 79. Average
monthly income on which social insurance premiums are based
1. The average monthly income on which social
insurance premiums are based is the average of monthly incomes on which social
insurance premiums are based in the entire period of premium payment.
2. Monthly incomes for which social insurance
premiums have been paid used as a basis for calculating the average monthly
income on which social insurance premiums are based for employees shall be
adjusted based on the consumer price index in each period under the
Government’s regulations.
Section 2. SURVIVORSHIP ALLOWANCE
REGIME
Article 80. Funeral
allowance
1. When the following persons die, the persons
who take charge of their funeral are entitled to a funeral allowance:
a/ Employees who have paid social insurance
premiums for at least full 60 months;
b/ Pensioners.
2. The funeral allowance must equal 10 times
the basic salary of the month in which the persons defined in Clause 1 of this
Article die.
3. When the persons defined in Clause 1 of this
Article are declared dead by the court, their relatives are entitled to the
allowance specified in Clause 2 of this Article.
Article 81. Survivorship
allowance
1. When employees who are paying social
insurance premiums, employees who have their period of social insurance premium
payment reserved, or persons who are on pension die, their relatives are
entitled to a lump-sum survivorship allowance.
2. The lump-sum survivorship allowance for
relatives of employees who are paying social insurance premiums or of employees
who have their period of social insurance premium payment reserved shall be
calculated based on the number of years of social insurance premium payment;
for each year of payment, these relatives are entitled to 1.5 times the average
monthly income on which social insurance premiums are based as provided in
Article 79 of this Law, for the years of payment prior 2014, or 2 times the
average monthly income on which social insurance premiums are based, for the
years of payment since 2014.
For employees who have paid social insurance
premiums for under 1 year, the lump-sum survivorship allowance must equal the
paid premium amount but not exceed 2 times the average monthly income on which
social insurance premiums are based; for employees who pay both compulsory
social insurance and voluntary social insurance premiums, the lump-sum
survivorship allowance must equal at least 3 times the average monthly salary
and income on which social insurance premiums are based.
3. The lump-sum survivorship allowance for
relatives of persons who die while on pension shall be calculated based on
these persons' period of pension enjoyment; if they die within the first 2
months of pension enjoyment, such allowance must equal 48 months’ current
pension; if they die in subsequent months, the allowance shall be reduced by
half the monthly pension for each additional month of pension enjoyment.
Article 82. Sources
forming the social insurance fund
1. Premiums paid by employers under Article 86
of this Law.
2. Premiums paid by employees under Articles 85
and 87 of this Law.
3. Profits from activities of investment from
the fund.
4. The State's supports.
5. Other lawful sources of revenues.
Article 83. Component
funds of the social insurance fund
1. Sickness and maternity fund.
2. Labor accident and occupational disease
fund.
3. Retirement and survivorship allowance fund.
Article 84. Use
of the social insurance fund
1. Payment of social insurance regimes for
employees under Chapters III and IV of this Law.
2. Payment of health insurance premiums for
pensioners or persons who are on leave and enjoy monthly labor accident or
occupational disease allowance or who are on leave and enjoy maternity
allowance for childbirth or child adoption or who are on leave and enjoy
sickness allowance, for employees suffering diseases on the Ministry of
Health-issued list of diseases requiring long-term treatment.
3. Payment of social insurance management
expenses under Article 90 of this Law.
4. Payment of charges for assessment of the
working capacity decrease in case employees take assessment not as introduced
by their employers and the assessment results show that these persons are
eligible for social insurance regimes.
5. Investment to preserve and develop the fund
under Articles 91 and 92 of this Law.
Article 85. Levels
and methods of payment by employees covered by compulsory social insurance
1. Employees defined at Points a, b, c, d, dd
and h, Clause 1, Article 2 of this Law shall monthly pay 8% of their monthly
salary to the retirement and survivorship allowance fund.
Employees defined at Point i, Clause 1, Article
2 of this Law shall monthly pay an amount equal to 8% of the basic salary to
the retirement and survivorship allowance fund.
2. For employees defined at Point g, Clause 1,
Article 2 of this Law, the levels and methods of payment are specified as
follows:
a/ The monthly level of payment to the
retirement and survivorship allowance fund must equal 22% of employees’ monthly
salary on which social insurance premiums are based before they go abroad to
work, for employees who have paid compulsory social insurance premiums in a
certain period; 22% of 2 times the basic salary, for employees who are not yet
covered by compulsory social insurance or who have paid compulsory social
insurance premiums and have already received a lump-sum social insurance
allowance.
b/ Payment shall be made once every 3 months,
every 6 months or every 12 months or in a lump sum within the time limit stated
in the contracts on sending of employees to work abroad. Employees may make
payment directly to social insurance agencies of localities where they reside
before going abroad or via enterprises or non-business organizations that have
sent them to work abroad.
In case the payment is made via enterprises or
non-business organizations that have sent employees to work abroad, these
enterprises or organizations shall collect and pay social insurance premiums
for employees and register the method of payment with social insurance
agencies.
Employees who have their contracts extended or
sign new contracts in the host countries shall pay social insurance premiums
according to the method specified in this Article or shall retrospectively pay
social insurance premiums to social insurance agencies after they repatriate.
3. Employees who neither work nor receive
salary for 14 working days or more in a month are not required to pay social
insurance premiums in that month. This period shall not be counted for
enjoyment of social insurance regimes, except cases of maternity leave.
4. An employee defined at Point a or b, Clause
1, Article 2 of this Law who signs labor contracts with many employers shall
only pay social insurance premiums under Clause 1 of this Article for the
first-signed labor contract.
5. Employees who enjoy product-based or
piecework-based salaries at enterprises, cooperatives, individual business
households or cooperative groups engaged in the fields of agriculture,
forestry, fishery or salt making shall pay monthly social insurance premiums at
the levels specified in Clause 1 of this Article; payment may be made every
month, every 3 months or every 6 months.
6. The determination of the period of social
insurance premium payment for enjoyment of pension and monthly survivorship
allowance must adhere to the principle that one year has full 12 months; an
employee who satisfies the age requirement for pension enjoyment but whose
period of social insurance premium payment is short of 6 months at most may pay
a lump-sum amount for these months with the monthly premium equal to the total
premiums paid by him/her and his/her employer to the retirement and
survivorship allowance fund, based on the monthly salary on which social
insurance premiums were based before he/she ceases working.
7. The calculation of periods of social insurance
premium payment with odd months for enjoyment of the retirement and
survivorship allowance regimes must be as follows:
a/ A period of between 1 month to 6 months
shall be counted as half year;
b/ A period of between 7 months to 12 months
shall be counted as one year.
Article 86. Levels
and methods of payment by employers
1. Employers shall make monthly payments
calculated based on the salary funds on which social insurance premiums are
based for employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2
of this Law as follows:
a/ 3% to the sickness and maternity fund;
b/ 1% to the labor accident and occupational
disease fund;
c/ 14% to the retirement and survivorship
allowance fund.
2. Employers shall make monthly payments
calculated based on the basic salary for each employee defined at Point e,
Clause 1, Article 2 of this Law as follows:
a/ 1% to the labor accident and occupational
disease fund;
b/ 22% to the retirement and survivorship
allowance fund.
3. Employers shall monthly pay an amount equal
to 14% of the basic salary to the retirement and survivorship allowance fund
for employees defined at Point i, Clause 1, Article 2 of this Law.
4. Employers are not required to pay social
insurance premiums for employees defined in Clause 3, Article 85 of this Law.
5. Employers being enterprises, cooperatives,
household business households or cooperative groups engaged in agriculture,
forestry, fishery or salt making that pay product-based or piecework-based
salaries shall make monthly payments at the levels specified in Clause 1 of
this Article; the payment may be made every month, every 3 months or every 6
months.
6. The Minister of Labor, War Invalids and
Social Affairs shall detail Clause 5, Article 85, and Clause 5, Article 86, of
this Law.
Article 87. Levels
and methods of payment by employees covered by voluntary social insurance
1. Employees defined in Clause 4, Article 2 of
this Law shall monthly pay an amount equivalent to 22% of their monthly incomes
as selected to the retirement and survivorship allowance fund; the monthly
income on which social insurance premiums are based must at least equal the
poverty threshold in rural areas and must not exceed 20 times the basic salary.
The socio-economic development conditions and
state budget capacity in each period shall be based on to determine the levels
of support for payment of social insurance premiums for employees covered by
voluntary social insurance, support beneficiaries, and the time for
implementing the support policy.
2. Employees may select one of the following
payment methods:
a/ Every month;
b/ Every 3 months;
c/ Every 6 months;
d/ Every 12 months;
d/ Lump-sum payment for many subsequent years
at a level lower than the monthly payment or lump-sum payment for the
insufficient years at a level higher than the monthly payment as specified in
this Article.
3. The Government shall detail this Article.
Article 88. Suspension
from payment of compulsory social insurance premiums
1. Suspension from payment to the retirement
and survivorship allowance fund is specified as follows:
a/ In case employers meet with difficulties and
have to suspend their production or business activities, making them and their
employees unable to pay social insurance premiums, the payment to the
retirement and survivorship allowance fund may be suspended for 12 months at
most;
b/ Upon the expiration of the time limit for
payment suspension specified at Point a of this Clause, employers and employees
shall continue paying social insurance premiums and make supplementary payment
for the suspension period. The supplementary amount paid for the suspension
period is not subject to late- payment interest under Clause 3, Article 122 of
this Law.
2. For employees covered by compulsory social
insurance premiums who are put in temporary detention, they and their employers
may suspend payment of social insurance premiums. In case competent agencies
conclude that employees suffer a miscarriage
of justice, supplementary payment shall be made for the detention
period. The supplementary amount paid for the suspension period is not subject
to late-payment interest under Clause 3, Article 122 of this Law.
3. The Government shall detail this Article and
specify other cases of suspension from payment of compulsory social insurance
premiums.
Article 89. Monthly
salary on which compulsory social insurance premiums are based
1. For employees subject to the
State-prescribed salary regime, their monthly salary on which social insurance
premiums are based is their rank- or grade-based salary plus position-based,
extra-rank working seniority-based or occupation-based seniority allowance (if
any).
For employees defined at Point i, Clause 1,
Article 2 of this Law, their monthly salary on which social insurance premiums
are based is the basic salary.
2. For employees who pay social insurance
premiums according to the employer-decided salary regime, their monthly salary
on which social insurance premiums are based is their salary plus salary-based
allowance as prescribed in the labor law.
Since January 1, 2018, the monthly salary on
which social insurance premiums are based will be the salary plus salary-based
allowance and other amounts as prescribed in the labor law.
3. In case the monthly salary specified in
Clause 1 or 2 of this Article exceeds 20 times the basic salary, the monthly
salary on which social insurance premiums are based must equal 20 times the
basic salary.
4. The Government shall stipulate in detail the
retrospective collection and payment of monthly salaries on which compulsory
social insurance premium are based for employees and employers, except the case
specified in Clause 3, Article 122 of this Law.
Article 90. Social
insurance management expenses
1. Social insurance management expenses shall
be used to perform the following tasks:
a/ Propagating and disseminating policies and
law on social insurance; providing professional training and retraining in
social insurance;
b/ Reforming social insurance procedures and
modernizing the social insurance management system; developing and managing
social insurance participants and beneficiaries;
c/ Organizing the collection of social
insurance premiums and payment of social insurance allowances; and operating
the apparatus of social insurance agencies at all levels.
2. The funding source for performing the tasks
specified in Clause 1 of this Article shall be annually deducted from the
profits earned from investment activities of the fund;
Every 3 years, the Government shall report the
levels of social insurance management expenses to the National Assembly
Standing Committee for decision.
3. The Prime Minister shall detail Clause 1 of
this Article.
Article 91. Investment
principles
Investment activities of the social insurance
fund must ensure safety, efficiency and capital recoverability.
Article 92. Investment
forms
1. Purchase of government bonds.
2. Making of deposits, or purchase of bonds,
term bills or deposit certificates at well-performing commercial banks as rated
by the State Bank of Vietnam.
3. Provision of loans to the state budget.
4. The Government shall detail this Article.
SOCIAL
INSURANCE ORGANIZATION AND MANAGEMENT
Article 93. Social
insurance agencies
1. Social insurance agency is a state agency
functioning to implement social insurance regimes and policies, manage and use
social insurance, health insurance and unemployment insurance funds, inspect
the payment of social insurance, unemployment insurance and health insurance
premiums, and perform other tasks in accordance with this Law.
2. The Government shall stipulate in detail the
organization, tasks and powers of social insurance agencies.
Article 94. Management
Board of Vietnam Social Security
1. The Management Board of Vietnam Social
Security shall be organized at national level and has the responsibilities to
direct and supervise the operation of social insurance agencies, and give
advice on social insurance, health insurance and unemployment insurance
policies.
2. The Management Board of Vietnam Social
Security shall be composed of representatives of the Vietnam General
Confederation of Labor, employers’ representative organizations, state
management agencies in charge of social insurance, state management agencies in
charge of health insurance, Vietnam Social Security, and other related
organizations.
3. The Management Board of Vietnam Social
Security shall be composed of its chairperson, vice chairpersons and members,
who shall be appointed, relieved from duty and dismissed by the Prime Minister;
the term of members of the Management Board of Vietnam Social Security is 5
years.
4. The Government shall stipulate in detail the
working regime, responsibilities and operating funds of Management Board of
Vietnam Social Security.
Article 95. Tasks
and powers of the Management Board of Vietnam Social Security
1. To approve social insurance development
strategies, long-term, five- year and annual plans on the implementation of
social insurance, health insurance and unemployment insurance regimes, and
schemes on preservation and development of social insurance, health insurance
and unemployment insurance funds.
To supervise and examine social insurance
agencies in the implementation of such strategies, plans and schemes after they
are approved.
2. To propose to competent state agencies the
formulation, revision and supplementation of policies and laws on social
insurance, health insurance and unemployment insurance, social insurance
development strategies, strengthening of the organizational apparatus of social
insurance agencies, and mechanisms for management and use of social insurance, health
insurance and unemployment insurance funds.
3. To decide on, and take responsibility before
the Government for, forms and structures of investment of social insurance,
health insurance and unemployment insurance funds at the proposal of social
insurance agencies.
4. To approve annual reports on the
implementation of social insurance, health insurance and unemployment insurance
regimes and the management and use of social insurance, health insurance and
unemployment insurance funds before Vietnam Social Security submits them to
competent agencies.
5. To approve annual cost estimates on
collection and payment of social insurance, health insurance and unemployment
insurance funds and levels of social insurance, health insurance and
unemployment insurance management expenses before Vietnam Social Security
submits them to competent agencies.
6. To annually report to the Prime Minister on
the performance of the tasks and exercise of the powers and operation results
under regulations.
7. To perform other tasks and exercise other
powers assigned by the Prime Minister.
ORDER
AND PROCEDURES FOR SOCIAL INSURANCE IMPLEMENTATION
Section 1. ORDER AND PROCEDURES FOR
PARTICIPATION IN SOCIAL INSURANCE
Article 96. Social
insurance books
1. A social insurance book shall be granted to
every employee for monitoring the payment of social insurance premiums and
enjoyment of social insurance regimes, and must serve as a basis for settlement
of social insurance regimes in accordance with this Law.
2. By 2020, social insurance books shall be
replaced with social insurance cards.
3. The Government shall stipulate the order and
procedures for participation in social insurance and settlement of social
insurance regimes in electronic form.
Article 97. Registration
dossiers for participation in social insurance and grant of social insurance
books
1. A registration dossier for first-time
participation in social insurance must comprise:
a/ An employer’s declaration form for
participation in social insurance, enclosed with a list of employees to
participate in social insurance;
b/ Employees' declaration forms for
participation in social insurance.
2. A dossier for re-grant of a lost or damaged
social insurance book must comprise:
a/ An employee’s application for re-grant of a
social insurance book;
b/ The social insurance book, in case it is
damaged.
3. The Government shall stipulate the
procedures and dossier for participation in social insurance and grant of
social insurance books for the subjects defined at Point e, Clause 1, Article 2
of this Law.
Article 98. Adjustment
of information of participation in social insurance
1. Employers shall notify in writing social
insurance agencies of any changes in information of participation in social
insurance.
2. A dossier for adjustment of an employee’s
personal information of participation in social insurance must comprise:
a/ A declaration form for adjustment of
personal information;
b/ The social insurance book;
c/ Copies of competent state agencies’ papers related
to the adjustment of personal information as prescribed by law.
Article 99. Settlement
of registration for participation in social insurance and grant of social
insurance books
1. Registration for first-time participation in
social insurance shall be settled as follows:
a/ Within 30 days after signing a labor
contract or working contract with an employee or after recruiting an employee,
the employer shall submit a dossier specified in Clause 1, Article 97 of this
Law to the social insurance agency.
b/ An employee to be covered by voluntary
social insurance shall submit a dossier specified at Point b, Clause 1, Article
97 of this Law to the social insurance agency.
2. An employee shall submit a dossier for
re-grant of a social insurance book as specified in Clause 2, Article 97 of
this Law to the social insurance agency.
3. The social insurance agency shall grant a
social insurance book within:
a/ 20 days after receiving a complete and valid
dossier, for persons who participate for the first time in compulsory social
insurance;
b/ 7 days after receiving a complete and valid
dossier, for persons who participate for the first time in voluntary social
insurance;
c/ 15 days after receiving a complete and valid
dossier, in case of re-grant of social insurance books; or 45 days, if the
verification of the period of social insurance premium payment is complicated.
If refusing to grant a social insurance book, the social insurance agency shall
issue a written reply clearly stating the reason;
d/ 10 days after receiving a complete and valid
dossier, in case of re-grant of social insurance books for employees who wish
to have their information of participation in social insurance adjusted. If
refusing to re-grant a social insurance book, the social insurance agency shall
issue a written reply clearly stating the reason.
4. The Minister of Labor, War Invalids and
Social Affairs shall stipulate in detail the order and procedures for
participation in social insurance and settlement of social insurance regimes
for employees defined at Point b, Clause 1, Article 2 of this Law.
Section 2. ORDER AND PROCEDURES FOR
SETTLEMENT OF SOCIAL INSURANCE REGIMES
Article 100. Dossier
for enjoyment of the sickness regime
1. An original or a copy of the hospital
discharge paper, for employees or their children undergoing inpatient
treatment; in case of outpatient treatment, the certificate of their leave
under the social insurance regime is required.
2. In case employees or their children take
medical examination or treatment abroad, the paper specified in Clause 1 of
this Article shall be replaced with a Vietnamese translation of the medical
record issued by a foreign health establishment.
3. The employer-made list of employees taking
leave under the sickness regime.
4. The Minister of Health shall stipulate the
form, and order and competence for grant, of certificate of an employee’s leave
under the social insurance regime, hospital discharge paper and the papers
specified at Points c, d and dd, Clause 1, Article 101 of this Law.
Article 101. Dossier
for enjoyment of the maternity regime
1. A dossier for a female employee to enjoy the
maternity regime must comprise:
a/ A copy of the birth registration certificate
or birth certificate of the child;
b/ A copy of the child’s death certificate, in
case the child dies, or copy of the mother’s death certificate, in case the
mother dies in childbirth;
c/ A competent health establishment’s
certificate stating that the mother is at postnatal risk that makes her unable
to take care of the child;
d/ An extract of the mother’s medical record or
hospital discharge paper in case the child dies after birth without being
granted the birth certificate;
dd/ A competent health establishment’s
certificate stating that the female employee has to take leave for pregnancy
care, in the case specified in Clause 3, Article 31 of this Law.
2. Female employees who have prenatal
checks-up, miscarriage, abortion, stillbirth or pathological abortion, or
employees who apply contraceptive measures specified in Clause 1, Article 37 of
this Law shall produce a certificate of their leave under the social insurance
regime, in case of outpatient treatment, or an original or a copy of the
hospital discharge paper, in case of inpatient treatment.
3. Employees who adopt under-6-month children
shall produce a child adoption certificate.
4. Male employees who wish to take leave due to
their wives’ childbirth shall produce a copy of the child’s birth certificate
or birth registration certificate, and a health establishment’s certificate, in
case their wives have a surgical birth or give birth to children under 32 weeks
of pregnancy.
5. The employer-made list of employees taking
leave for enjoyment of the maternity regime.
Article 102. Settlement
of the sickness and maternity regimes
1. Within 45 days after return to work, an
employee shall submit the dossier specified in Clause 1 or 2, Article 100, or
Clause 1, 2, 3 or 4, Article 101, of this Law to his/her employer.
An employee who ceases working before the time
of childbirth or child adoption shall submit the dossier specified in Clause 1
or 3, Article 101 of this Law and produce his/her social insurance book to the
social insurance agency.
2. Within 10 days after receiving a complete
dossier from an employee, the employer shall make a dossier as specified in
Article 100 or 101 of this Law and submit it to the social insurance agency.
3. Responsibilities of the social insurance
agency:
a/ To settle the social insurance regime and
make payment to the employee within 10 days after receiving a complete and
valid dossier from an employer;
b/ To settle the social insurance regime and
make payment to the employee within 5 working days after receiving a complete
and valid dossier from an employee who ceases working before the time of
childbirth or child adoption.
4. If refusing to settle the social insurance
regime, the social insurance agency shall issue a written reply clearly stating
the reason.
Article 103. Settlement
of convalescence and health rehabilitation allowance after sickness or
maternity leave
1. Within 10 days after the date an employee
fully satisfies the conditions for enjoying the convalescence and health
rehabilitation allowance after sickness or maternity leave, the employer shall
make a list of employees and submit it to the social insurance agency.
2. Within 10 days after receiving a complete
and valid dossier, the social insurance agency shall settle the social
insurance regime for and pay the convalescence and health rehabilitation
allowance to employees; or issue a written reply clearly stating the reason for
its refusal to settle the regime.
Article 104. Dossier
for enjoyment of the labor accident regime
1. The social insurance book.
2. The investigation record of the labor
accident; for an employee suffers a traffic accident confirmed as a labor
accident, a written record of the traffic accident or a written record of scene
examination and the accident scene plan are required.
3. The hospital discharge paper after labor
accident treatment.
4. The written record of assessment of the
working capacity decrease, made by the Medical Assessment Council.
5. The written request for settlement of the
labor accident regime.
Article 105. Dossier
for enjoyment of the occupational disease regime
1. The social insurance book.
2. A written record of environmental survey
with toxic elements; in case a written record is made for many employees, its
copy shall be included in the dossier of every employee.
3. The hospital discharge paper after
occupational disease treatment; in case of outpatient treatment, an
occupational disease examination paper is required.
4. The written record of assessment of the
working capacity decrease, made by the Medical Assessment Council.
5. The written request for settlement of the
occupational disease regime.
Article 106. Settlement
of labor accident and occupational disease regimes
1. Employers shall submit dossiers to social
insurance agencies as prescribed in Articles 104 and 105 of this Law.
2. Within 15 days after receiving a complete
dossier, social insurance agencies shall settle labor accident and occupational
disease regimes; or issue a written reply clearly stating the reason for their
refusal to settle the regimes.
Article 107. Settlement
of convalescence and health rehabilitation allowance after labor accident or
occupational disease
1. An employer shall make a list of employees
whose health has not yet recovered after enjoying the labor accident or
occupational disease regime and submit it to the social insurance agency.
2. Within 15 days after receiving a complete
and valid dossier, the social insurance agency shall settle the convalescence
and health rehabilitation regime for employees and transfer the convalescence
and health rehabilitation allowance to the employer; or issue a written reply
clearly stating the reason for their refusal to settle the regime.
3. Within 10 days after receiving the allowance
from the social insurance agency, the employer shall pay such allowance to
employees.
Article 108. Dossier
for pension enjoyment
1. A dossier for pension enjoyment for
employees covered by compulsory social insurance must comprise:
a/ The social insurance book;
b/ The decision permitting an employee to stop
working under the retirement regime or the document terminating a labor
contract with an employee for enjoying the retirement regime;
c/ The written record of assessment of the
working capacity decrease, made by the Medical Assessment Council, for
employees who retire under Article 55 of this Law, or the certificate of
HIV/AIDS infection due to occupational risks, for the employees defined in
Article 54 of this Law.
2. A dossier for pension enjoyment for
employees covered by voluntary social insurance or employees having their
period of social insurance premium payment reserved, including those who are
serving imprisonment sentences, must comprise:
a/ The social insurance book;
b/ The application for pension enjoyment;
c/ The written authorization for carrying out
procedures for settlement of the retirement regime and enjoyment of pension,
for those who are serving imprisonment sentences;
d/ A competent state agency’s document
permitting an illegal emigrant to legally repatriate and settle in the country;
dd/ The court’s legally effective decision
annulling the decision on declaration to be missing, for missing people who
reappear.
Article 109. Dossier
for enjoyment of lump-sum social insurance allowance
1. The social insurance book.
2. The employee’s application for enjoyment of
lump-sum social insurance allowance.
3. For persons who settle abroad, a copy of the
competent agency’s written certification of renunciation of Vietnamese
nationality, or a certified or notarized Vietnamese translation of one of the
following papers:
a/ Passport issued by a foreign country;
b/ Visa issued by a competent foreign agency,
certifying such country’s permission for entry for overseas residence;
c/ Paper certifying such person is carrying out
procedures for naturalization in a foreign country; paper certifying residence
or permanent residence card or residence card of a term of 5 years or more,
issued by a competent foreign agency.
4. Extract of the medical record, in the case
specified at Point c, Clause 1, Article 60, or Point c, Clause 1, Article 77,
of this Law.
5. For employees defined in Article 65, and
Clause 5, Article 77, of this Law, a dossier for enjoyment of lump-sum social
insurance allowance must comply with Clauses 2 and 3 of this Article.
Article 110. Settlement
of pension or lump-sum social insurance allowance
1. Within 30 days by the time an employee
enjoys pension, the employer shall submit a dossier specified in Clause 1,
Article 108 of this Law to the social insurance agency.
2. Within 30 days by the time an employee
enjoys pension, employees having their period of social insurance premium
payment reserved or employees covered by voluntary social insurance shall
submit a dossier specified in Clause 2, Article 108 of this Law to the social
insurance agency.
3. Within 30 days by the time an employee
becomes eligible and requests payment of lump-sum social insurance allowance,
he/she shall submit a dossier specified in Article 109 of this Law to the
social insurance agency.
4. Within 20 days after receiving a complete
and valid dossier, for to-be- pensioners, or within 10 days after receiving a
complete and valid dossier, for persons to enjoy a lump-sum social insurance
allowance, the social insurance agency shall settle the enjoyment of pension or
lump-sum allowance and make payment to employees; or issue a written reply
clearly stating the reason for its refusal to settle such enjoyment.
Article 111. Dossier
for enjoyment of the survivorship allowance regime
1. For persons paying social insurance premiums
or persons having their period of social insurance premium payment reserved, a
dossier for enjoyment of the survivorship allowance regime must comprise:
a/ The social insurance book;
b/ A copy of the death certificate or death
notice or a copy of the court's legally effective decision on the death
declaration;
c/ The dead person’s relatives’ declaration and
the minutes of their meeting, for those eligible for monthly allowance but
choosing a lump-sum allowance;
d/ The investigation record of the labor
accident; for persons getting a traffic accident identified as a labor
accident, a record of the traffic accident or a record of the scene examination
and the accident scene plan as specified in Clause 2, Article 104 of this Law
are required; or a copy of the medical record of occupational disease
treatment, for persons who die of an occupational disease;
dd/ A written record of assessment of the
working capacity decrease, for relatives who suffer a working capacity decrease
of 81% or more.
2. For persons currently enjoying or persons
suspended from enjoying pension or monthly labor accident or occupational
disease allowance, a dossier for enjoyment of the survivorship allowance regime
must comprise:
a/ A copy of the death certificate or death
notice or the court's legally effective decision on death declaration;
b/ The dead person’s relatives’ declaration and
the minutes of their meeting, for those eligible for monthly allowance but
choosing to receive a lump- sum allowance;
c/ A written record of assessment of the working
capacity decrease, for relatives who suffer a working capacity decrease of 81%
or more.
Article 112. Settlement
of the survivorship allowance regime
1. Within 90 days after the death of a person
having his/her period of social insurance premium payment reserved, a person
covered by voluntary social insurance or a person on pension or monthly labor
accident or occupational disease allowance, his/her relative shall submit the
dossier specified in Article 111 of this Law to the social insurance agency.
Within 90 days after the death of a person
currently paying compulsory social insurance premiums, his/her relative shall
submit the dossier specified in Clause 1, Article 111 of this Law to the
employer.
2. Within 30 days after receiving a complete
dossier from the employee’s relative, the employer shall submit the dossier
specified in Clause 1, Article 111 of this Law to the social insurance agency.
3. Within 15 days after receiving a complete
dossier, the social insurance agency shall settle the survivorship allowance
regime and make payment to the employee’s relative; or issue a written reply
stating the reason for its refusal to settle the regime.
Article 113. Dossier
for continued enjoyment of pension or monthly social insurance allowance for
illegal emigrants who legally repatriate to settle in the country or persons
declared missing by the court who reappear
1. An application for continued enjoyment of
pension or monthly social insurance allowance.
2. A competent state agency’s document
permitting the illegal emigrant to legally repatriate to settle in the country.
3. The court’s legally effective decision
annulling the decision on declaration to be missing, for persons declared
missing by the court who reappear.
Article 114. Settlement
of continued enjoyment of pension or monthly social insurance allowance for
illegal emigrants who legally repatriate and settle in the country or persons
declared missing by the court who reappear
1. Employees shall submit the dossier specified
in Article 113 of this Law to the social insurance agency.
2. Within 15 days after receiving a complete
and valid dossier, the social insurance agencies shall settle the continued
enjoyment of pension or monthly social insurance allowance, or issue a written
reply clearly stating the reason for its refusal to settle such continuation of
enjoyment.
Article 115. Change
of places for receiving pension or social insurance allowance
When a person on pension or monthly social
insurance allowance moves to another place of residence within the country and
wishes to receive social insurance allowance at the new place of residence,
he/she shall submit an application to the social insurance agency of the place
where he/she currently receives the allowance.
Within 5 working days after receiving such
application, the social insurance agency shall settle the receipt of pension or
social insurance allowance by the employee at the new place of residence, or
issue a written reply clearly stating the reason for its refusal to settle such
receipt.
Article 116. Delayed
settlement of enjoyment of social insurance regimes
1. If the settlement of enjoyment of social
insurance regimes is delayed after the time limit specified in Clause 1 or 2,
Article 102, Clause 1, Article 103, Clause 1 or 2, Article 110, or Clause 1 or
2, Article 112, of this Law, a written explanation shall be made.
2. In case the submission of dossiers and
settlement of enjoyment of social insurance regimes are delayed after the
prescribed time limits, thus damaging the lawful rights and interests of
eligible beneficiaries, compensation shall be paid in accordance with law,
except cases where such delay is due to the fault of employees or their
relatives.
Article 117. Dossiers
and order for assessment of working capacity decrease to settle social
insurance regimes
1. The Minister of Health shall stipulate
dossiers and the order for assessment of working capacity decrease to settle
social insurance regimes.
2. The examination for assessment of working
capacity decrease must ensure accuracy, publicity and transparency. The Medical
Assessment Council shall take responsibility for the accuracy of its assessment
results in accordance with law.
COMPLAINTS
AND DENUNCIATIONS ABOUT, AND HANDLING OF VIOLATIONS RELATED TO, SOCIAL INSURANCE
Article 118. Complaints
about social insurance
1. Employees, persons on pension or monthly
social insurance allowance, persons having their period of social insurance
premium payment reserved and other persons may request competent agencies, organizations
or persons to review the latter’s decisions or acts when they have grounds to
believe that such decisions or acts violate the law on social insurance and
infringe their lawful rights and interests.
2. Employers may request competent agencies,
organizations or persons to review the latter’s decisions or acts when they
have grounds to believe that such decisions or acts violate the law on social
insurance and infringe their lawful rights and interests.
Article 119. Order
of settlement of complaints about social insurance
1. Complaints about social insurance-related
administrative decisions or acts shall be settled in accordance with the law on
complaints.
2. For complaints about social
insurance-related decisions or acts not specified in Clause 1 of this Article,
complainants may choose either of the following:
a/ Lodging first-time complaints with the
agencies or persons that have issued these decisions or committed these acts;
in case these agencies or persons no longer exist, district-level state management
agencies in charge of labor shall settle the complaint;
b/ Initiating lawsuits at a court in accordance
with law.
3. In case complainants defined at Point a,
Clause 2 of this Article disagree with the first-time complaint settlement
decisions, or when the prescribed time limit expires but the complaints have
not yet been settled, they may initiate lawsuits at a court or lodge complaints
with provincial-level state management agencies in charge of labor.
In case complainants disagree with the complaint
settlement decisions of provincial-level state management agencies in charge of
labor, or when the prescribed time limit expires but the complaints have not
yet been settled, the complainants may initiate lawsuits at a court.
4. The statute of limitations for lodging
complaints and the time limit for settling complaints must comply with the law
on complaints.
Article 120. Lodging
and settlement of denunciations about social insurance
The lodging and settlement of denunciations
about violations of the law on social insurance must comply with the law on
denunciations.
Article 121. Competence
to sanction administrative violations in the field of social insurance, health
insurance and unemployment insurance, sanctioning levels and remedies
1. Competence of social insurance agencies:
a/ The General Director of Vietnam Social
Security has the competence prescribed in Clause 4, Article 46 of the Law on
Handling of Administrative Violations;
b/ Directors of provincial-level social
insurance agencies have the competence prescribed in Clause 2, Article 46 of
the Law on Handling of Administrative Violations;
c/ Heads of specialized inspection teams
established under decisions of the General Director of Vietnam Social Security
have the competence prescribed in Clause 3, Article 46 of the Law on Handling
of Administrative Violations.
2. Persons with sanctioning competence defined
in Clause 1 of this Article may authorize their deputies to handle
administrative violations.
3. The maximum fine levels in the field of
social insurance, health insurance and unemployment insurance, sanctioning
forms, remedies, administrative sanctioning procedures and other provisions
related to administrative sanctioning must comply with the Law on Handling of
Administrative Violations and other relevant laws.
Article 122. Handling
of violations of the law on social insurance
1. Agencies and organizations that violate this
Law shall, depending on the nature and severity of their violations, be
administratively sanctioned; and, if causing damage, they shall pay
compensation in accordance with law.
2. Individuals who violate this Law shall,
depending on the nature and severity of their violations, administratively
sanctioned, disciplined or examined for penal liability; and, if causing
damage, they shall pay compensation in accordance with law.
3. Employers that violate Clause 1, 2 or 3,
Article 17 of this Law for 30 days or more shall not only fully pay the amount
not yet paid or paid late and be handled in accordance with law but also pay an
interest equaling 2 times the average interest rate of investment from the
social insurance fund in the preceding year, calculated based on the late paid
amount and late payment period. If they fail to do so, at the request of
competent persons, related banks, credit institutions or state treasuries shall
deduct money from the employers’ deposit accounts in order to pay the amount
not yet paid or paid late and the interest thereon to the accounts of social
insurance agencies.
Article 123. Transitional
provisions
1. The provisions of this Law apply to persons
who participate in social insurance before the effective date of this Law.
2. Persons on pension before January 1, 1994,
persons on pension, monthly working capacity loss allowance, labor accident or
occupational disease allowance, survivorship allowance or social insurance
allowance, for commune, ward or township cadres who have ceased working,
persons on monthly allowance while the period for enjoying such allowance has
expired, or persons who are suspended from enjoying social insurance allowance
due to their violations of law before this Law takes effect, shall still comply
with the previous regulations and have their levels of enjoyment adjusted.
3. Employees who have paid social insurance
premiums, covering also the region-based allowance, are entitled to not only
pension, lump-sum social insurance allowance and survivorship allowance but
also a lump-sum region- based allowance; persons on pension, monthly working
capacity loss allowance or labor accident or occupational disease allowance who
are enjoying a monthly region-based allowance in their places of permanent
residence eligible for region-based allowance are entitled to continue enjoying
such allowance.
4. Persons on spouse allowance in overseas
Vietnamese representative missions who participate in compulsory social
insurance under both retirement and survivorship allowance regimes; and
employees who cease working due to diseases on the Ministry of Health-issued
list of diseases requiring long-term treatment and enjoy the sickness regime
before the effective date of this Law shall comply with the Government’s
regulations.
5. For persons on pension, monthly working
capacity loss allowance or labor accident or occupational disease allowance
before the effective date of this Law, the survivorship allowance regime
provided in this Law shall apply when they die.
6. Employees who had worked in the state sector
before January 1, 1995, and fully satisfy the conditions for enjoying severance
allowance or lump-sum allowance or demobilization allowance but have not yet
enjoyed such allowance, such working period shall be regarded as a period of
social insurance premium payment. The calculation of the working period prior
to January 1, 1995, for enjoying social insurance allowances must comply with
the previous regulations on calculation of the working period prior to January
1995, for enjoying social insurance allowances for cadres, civil servants,
public employees, workers, army men, and employees in the people’s public
security force.
7. Annually, the State shall transfer an amount
from the budget to the social insurance fund to ensure full payment of pension
and social insurance allowances to persons on pension or social insurance
allowance prior to January 1, 1995; and payment of social insurance premiums
for the working period prior to January 1, 1995, for persons defined in Clause
6 of this Article.
8. Employees who are eligible for, and enjoy,
social insurance regimes before the effective date of this Law shall continue
to comply with the provisions of Law No. 71/2006/QH11 on Social Insurance.
9. Persons on pension, social insurance
allowance or monthly allowance who are working under signed labor contracts shall
not be covered by compulsory social insurance.
10. The Government shall detail this Article.
Article 124. Effect
1. This Law takes effect on January 1, 2016;
the provisions at Point b, Clause 1, and in Clause 2, Article 2, of this Law
take effect on January 1, 2018.
2. Law No. 71/2006/QH11 on Social Insurance
ceases to be effective on the effective date of this Law.
Article 125. Detailing
provisions
The Government and competent agencies shall
detail the articles and clauses in this Law as assigned.
This Law was passed on November 20, 2014, by
the XIIIth National Assembly of the Socialist Republic of Vietnam at
its 8th session.-
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CHAIRMAN OF THE
NATIONAL ASSEMBLY |
This
Article is detailed by Article 3 Circular No.: 59/2015/TT-BLDTBXH (MOLISA)
[DNH2]Article
3. Conditions to enjoy the sickness benefits
1. The
employees specified under Points a, b, c, d, dd, Clause 1 and Point b, Clause 2,
Article 2 of Decree No. 115/2015/ND-CP
shall enjoy the sickness benefits in the following
cases:
a) The
employees have disease or accident which is not work accident or treatment of
injury or disease recurred due to work accident, occupational disease and must
take sick leave with certification from the competent medical facility as
regulated by the Ministry of Health.
b) The
employees must take leave to take care of their sick children under 07 years of
age with certification of the competent medical facility.
c) Female
employees return to their work befire the expiration of maternity leave subject
to one of the case specified under Point a and b of this Clause.
2. The
employees are not entitled to sickness benefits in the following cases::
a) The
employees have disease or accident and must take sick leave due to
self-infliction, drunkenness or abuse of drug or drug precursor under the List
issued with Decree No. 82/2013/ND-CP 19/07/ 2013 of the Government issuing the list
of drug and drug precursor and Decree No. 126/2015/ND-CP dated 09/12/2015 of the Government
amending and adding the list of drug and drug precursor issued with Decree No. 82/2013/ND-CP dated 19/7/2013 of the Government issuing the list of drug and drug
precursor.
b) The employees
take sick leave for the first treatment due to work accident or occupational
disease.
c) The
employees have disease or accident which is not work accident during their
annual leave, personal leave, unpaid leave as prescribed by labor law; maternity
leave under the law on social insurance.
[DNH3]This
Article is detailed by Article 4 Circular No.: 59/2015/TT-BLDTBXH (MOLISA)
Article 4. Period of time to enjoy the sickness benefits
1. The maximum
period to enjoy the sickness benefits in a year specified in Clause 1, Article
26 of the Law on social insurance is calculated based on the working days, excluding public holidays, New Year holidays and
weekends according to the laws on labor. This period of time is calculated from
01/01 to 31/12 of the solar year, regardless of the time of participation in
social insurance of the employees.
Ex 1: Mr.D is a garment employee working in shift. He has his weekend as
follows: the week from 04/01/2016
to
10/01/2016 on Wednesday on 06/01/2016, the week from 11/01/2016 to
17/01/2016 on Friday on 15/01/2016. Due to his sickness, Mr.D must take
sick leave for treatment from 07/01/2016
to
17/01/2016.
The time to enjoy Mr.D’s sickness benefits is calculated from 07/01/2016 to 17/01/2016 as 10 days (excluding 01 weekend as Friday of 15/01/2016).
2. The identification of employees’ working under heavy, hazardous or
dangerous or particularly heavy, hazardous or dangerous occupation or job
specified in the list promulgated by the Ministry of Labor, Invalids and Social
Affairs and the Ministry of Health or working in regions with regional
allowance coefficient of 0.7 or higher to calculate the maximum time to enjoye
the sickness benefits in a year is based on the occupation or job and working
place of the employees at the point of time they have disease or accident.
Ex 2: Ms A has 13 years of compulsory social insurance payment and work
in normal conditions; from 01/2016 to 9/2016, Ms A takes leave and enjoys her sickness benefits for 30 days in full.
In 10/2016, Ms A assumed a heavy,
hazardous or dangerous occupation. On 25/10/2016, Ms A took sick leave of 07 working days.
At the time of sick leave (10/2016), Ms A’s occupation is heavy, hazardous or dangerous, therefore the time of
leave to enjoy the maximum sickness benefits of Ms A is 40 days, calculated
from 25/10/2016, Ms A took her sick leave to enjoy her sickness benefits of 30 days in
2016, so her sick leave of 07 days due to sickness is entitled to sickness benefits.
Ex 3: Ms B has the social insurance payment for 10 years for her heavy, hazardous or dangerous job; from 01/2016 to
8/2016, she takes leave to enjoy her sickness benefits of 37 days; from 9/2016,
Ms B assumed a job in a normal condition. On 26/9/2016, Ms B took sick leave of 03 working
days.
At the time of sick leave (9/2016), Ms B worked in normal condition so
the time of leave to enjoy the sickness benefits in a year of Ms B is 30 days;
at that point of time, Ms B enjoyed her sickness benefits of 37 days in 2016,
so Ms B shall not be entitled to sickness benefits from 26/9/2016.
3. The
time to enjoy the sickness benefits for the employees who take leave due to
their disease included in the List of diseases with required long-term
treatment issued by the Ministry of Health specified in Clause 2, Article 26 of
the Law on social insurance and is guided as follows:
Where the employees have enjoyed 180 days but continue their treatment,
they shall enjoy the further sick benefits with lower level but the time for
maximum continued entitlement is equal to the time of compulsory social
insurance payment.
Ex 4: Ms Nguyen Thi A has a period of compulsory social insurance
payment for 03 months and suffers from a disease specified in the list of
diseases with required long-term treatment. The time to enjoy her maximum
sickness benefits is as follows:
- A
maximum of 180 days including the public holidays, New Year holidays and
weekends;
- Where
after the duration of 180 days has been enjoyed but still continuing the
treatment, the employees shall continue the enjoy the sickness benefits but at
lower level but a maximum of entitlement is equal to 03 months.
Therefore, the maximum time of leave to enjoy the sickness benefits of
Ms A is 180 days and 03 months.
Ex 5: Mr B has a period of compulsory social insurance payment for 01
year and and suffers from a disease specified in the list of diseases with
required long-term treatment. Mr.B has enjoyed the first 180 days, then
continues his treatment and shall enjoy his sickness benefits at lower level
but 01 year at most.
After stable treatment, Mr B returns to his work and has the social
insurance payment for 02 years and continues his sick leave for treatment of
disease (included in the List of diseases with required long-term treatment).
Therefore, the time for leave fo enjoy the maximum sickness benefits of this
time of treatment of Mr B will be 180 days and 3 years (the time of social
insurance payment to calculate the time of maximum entitlement after the end of
180 leave days is the total time of social insurance payment).
4. Where
the employees have disease or accident which is not the work accident during
the time of annual leave, personal leave or unpaid leave as stipulated by law,
then the time of sickness or accident coincided with the time of annual leave,
personal leave or upaid leave shall not be entitled to the sickness benefits;
the time of leave due to sickness or accident in addition to the time of annual
leave, personal leave or unpaid leave is entitled to the sickness benefits as
stipulated.
5. Where
the employees have the time of leave to enjoy the sickness benefits from the
end of previous year forwarded to the beginning of the next year, the time of
leave to enjoy the sickness benefits of any year shall be included in the time
of entitlement to sickness benefits of such year.
[DNH4]This
Article is detailed by Article 5 Circular No.: 59/2015/TT-BLDTBXH (MOLISA)
Article 5. Time to enjoy the benefits upon child’s sickness
1. The maximum
time to enjoy the benefits upon child’s sickness in a year for each child
specified in Clause 1, Article 27 of the Law on social insurance is calculated
according to the working day regardless of prescribed public holidays, New Year
holidays or weekends. This period of time is calculated from 01/01 to 31/12 of
the solar year, regarless of the employees’ starting time of participation of
social insurance.
a) In
case of the same time, the employees have 02 children or more under 07 years of
age who are sick, the time to enjoy the benefits upon child’s sickness is
calculated by the actual time the employees leave their work to take care of
their children. The maximum time the employees can take their leave for each
child is specified in Clause 1, Article 27 of the Law on social insurance.
Ex: Ms A is participating in the compulsory social insurance, having 02
children under 07 years of age being sick with the following time: the first
child is sick from 04/01 to 10/01/2016, the second child is sick from 07/01 to
13/01/2016. Ms A has to leave her work to take care of her
children. Her weekend is the Sunday. Ms A has to leave her work to take care of
her children. Her weekend is the Sunday. The time to enjoy the benefits upon
child’s sickness of Ms A is calculated from the 4th date to the 13rd
date of 2016 is 09 days (excluding 01 weekend as Sunday).
b) Where
both parents participate in social insurance, depending on the condition of
each person to alternate their leave to take care of their children. The maximum
time to enjoy the benefits in a year of a father or mother for each child is
specified in Clause 1, Article 27 of the Law on social insurance.
Ex 7: The married couple of Ms B are participating in compulsory social
insurance. Their weekend is the Sunday. Their child is 5 years of age and is
sick and hospitalized 11/01
to
05/02/2016. Due to working conditions, the married couple of Ms B
must alternate their leave to take care of their child as follows:
- Ms B
takes leave to take care her child from 11/01 to 17/01/2016 and from 25/01 to
05/02/2016;
- Ms
B’s husband takes leave to take care her child from18/01 to
24/01/2016.
Therefore, the time to enjoy the benefits upon child’s sickness of the
married couple of Ms B is calculated as follows:
+ For
Ms B: The total days of leave to take care of her child is 19 days, except for
02 weekends on Sundays, the remaining day is 17. However, because her child is
5 years of age so the time of leave to enjoy the benefits upon child’s sickness
is a maximum of 15 days. Therefore, the time to enjoy the benefits upon child’s
sickness of Ms B is 15 days.
+ For
Ms B’s husband: The total number of leave days to take care of his child is 07
days, except for 01 weekend on Sunday, the remaining day is 06 days. Therefore,
the time to enjoy the benefits upon child’s sickness of Ms B’s husband is 06
days.
c) Where
both parents participate in the compulsory social insurance and take leave to
take care of their sick child, both parents shall be entitled to the benefits
upon their child’s sickness. The maximum time to enjoy the benefits upon
child’s sickness in a year of a father or mother for each child is specified in
Clause 1, Article 27 of the Law on social insurance.
Ex 8: The married couple of Ms T participate in the compulsory social
insurance and have a son of 5 years of age who is sick and hospitalized from 07/3/2016 to
11/3/2016. During their child’s hospitalization, both married
couple of Ms T must take their leave to take care of their child.
In this case, both married couple of Ms T shall enjoy the benefits upon
their child’s sickness with the time of 05 days.
[DNH6] [DNH6]Regulated by Article 7, Circular No.:
59/2015/TT-BLDTBXH (MOLISA).
Article 7. Convalescence and recovery after sickness
1. After enjoying a period the sickness benefit from full 30 days or more
in a year, even when suffering a disease included in the List of diseases with
required long-term treatment issued by the Ministry of Health, the employees
return to their work within the first 30 days but their health is still weak,
they shall be entitled to take a leave for convalescence and recovery under the
provisions of Article 29 the Law on social insurance.
Ex 11: Mr Ph is participating in the social insurance for his heavy
occupation, by 7/2016, he took leave to enjoy his sickness benefits (disease
not included in the List of diseases with required long-term treatment) for 35
days. After returning to his work, his health is still weak, Mr Ph’s company
decided to give him 05 days of leave for health recovery. In 9/2016, Mr Ph had
a disease, underwent a surgery and took sick leave to enjoy the sickness
benefits for 07 days, he returned to his work but his health has not been
restored yet.
In this case, Mr Ph has taken his sick leave to enjoy the benefits of
convalescence and recovery after his sickness (his disease is not included in
the List of diseases with required long-term treatment) for 05 days. Therefore,
when returning to his work after his sick leave for surgery but his health is
still weak, Mr Ph shall be entitled to take his sick leave for a maximum of 02
days (a maximum of 07 days for convalescence and recovery due to surgery but Mr
Ph has taken 05-day leave for convalescence and recovery after his sickness).
2. The
employees are eligible for convalescence and recovery in any year, the time of
leave to enjoy the convalescence and recovery shall be calculated for such
year.
Ex 12: Ms D had to take her leave for treating her disease included in
the List of diseases with required long-term treatment from 01/8/2016 until
10/12/2016 (in 2016, Ms D has not taken her leave for
convalescence and recovery after sickness). From 11/12/2016, Ms D returned to her work. On 04/01/2017, due to her unrecovered health, Ms D took her leave for convalescence
and recovery in 10 days).
In this case, Ms D has taken her leave for convalescence and recovery in
10 days and this period of time is calculated for the year 2016.
3. Where
the employees do not take their leave, they shall not be entitled to the
benefits of convalescence and recovery.
[DNH7]Regulated by Article 9, Circular No.:
59/2015/TT-BLDTBXH (MOLISA).
Article 9. Conditions to enjoy maternity benefits
The conditions to be entitled to maternity benefits of female employee who gives a birth, is a surrogate
mother, a mother requesting surrogacy and employee who adopt a child under 06
months of age are specified in Clause 2 and 3, Article 31 of the Law on social
insurance; Clause 3, Article 3 and Clause 1, Article 4 of Decree No. 115/2015/ND-CP with the following guidelines:
1. The period of 12 months before giving a birth or adopting a child is
defined as follows:
a) In case of giving a birth a adopting a child before the 15th
date of a month, the month of birth giving or adoption shall not be included in
the period of 12 months before birth giving or adoption.
b) In case of giving a birth a adopting a child on 15th date
onwards of a month and the social insurance is paid for such month, therefore
the month of birth giving or adoption shall be included in the period of 12
months before birth giving or adoption. In case the social insurance is not
paid for such month, the provisions under Point a of this Clause shall be
applied.
Ex 13: Ms A gives a birth on 18/01/2017 and in 01/2017, she participates in social
insurance. The period of 12 months before her birth giving is calculated from
02/2016 to 01/2017. If in this period of time, Ms A pays the social insurance
from full 06 months or more or from 03 months or more in case of taking leave
for prenatal care as ordered by the competent medical facility, Ms A is
entitled to the prescribed maternity benefits.
Ex 14: In 8/2017, Ms B terminates her labor contract and gives a birth
on 14/12/2017.
The period of 12 months before birth giving is calculated from 12/2016 to 11/2017. If in this period of time, Ms B pays the social insurance for full 06
months or more or 03 months or more in case of taking leave for prenatal care
as ordered by the competent medical facility, Ms B is entitled to the
prescribed maternity benefits.
2. The conditions to enjoy the one-time subsidys upon birth giving are
guided as follows:
a) In case only the father participates in the social insurance, the
father must pay the social insurance from full 06 month or more within the
period of 12 months before birth giving;
b) For the husband of the mother requesting surrogacy who must pay the
social insurance from full 06 months or more within a period of 12 months to
the time of child receipt.
3. During the time of work before the end of maternity leave, the female
employees must take leave for pregnancy examination, miscarriage, abortion,
stillbirth, pathological abortion, contraceptive measures, they shall be
entitled to the maternity benefits as stipulated in Articles 32, 33 and 37 of
the Law on social insurance.
[DNH8]Regulated by Article 10, Circular No.:
59/2015/TT-BLDTBXH (MOLISA).
Article 10. Period of leave fot the maternity benefits
1. The female employees giving birth shall be entitled to take maternity
leave before and after birth giving in accordance with the provisions in Clause
1, Article 34 of the Law on social insurance with the following guidelines:
a) During the period of maternity leave before birth giving but the baby
is born dead. If the female employees meet the conditions specified in Clause
2, Article 31 of the Law on social insurance, in addition to maternity benefits
for the leave to enjoy the maternity benefits before birth giving, the female
employees are entitled to take leave to enjoy the benefits specified in Article
33 of the Law on social insurance from the time of stillbirth.
Ex 15: Ms C participates in compulsory social insurance continuously for
03 years and is 8 months pregnant. She takes leave for maternity benefits
before leave. One month after her leave, the baby is born dead. Therefore, in
addition to the entitlement to maternity benefits until the stillbirth, Ms C is
also entitled to take leave for maternity benefits as ordered by the competent
medical facility but not more than 50 days including the public holidays, New
Year holidays and weekends.
b) Where the female employees take leave for maternity benefits before
birth giving but the baby is born dead. If the female employees meet the
conditions specified in Clause 2, Article 31 of the Law on social insurance, in
addition to the maternity benefits for the period of time of leave for
maternity benefits before birth giving, the female employees are also entitled
to the benefits specified in Clause 3, Article 34 of the Law on social
insurance.
2. In case of death of mother after birth giving, the father or the
direct nurturer shall enjoy the maternity benefits specified in Clauses 4, 5 and 6,
Article 34 of the Law on social insurance and with the following guidelines:
a) Where only the mother participates in the social insurance but the
mother is dead after giving birth, the father or the direct nurturer shall
enjoy the maternity benefits for the remaining period time of the mother. The
rate of entitlement to maternity benefits is calculated on the basis of average
monthly salary paid for social insurance of the 06 months before leave for
maternity benefits of the mother.
b) Where both parents participate in the social insurance but the mother
is dead after giving a birth, the father can take leave for maternity benefits
for the remaining period time of the mother. The rate of entitlement to
maternity benefits is calculated on the basis of average monthly salary paid
for social insurance of the 06 months before leave for maternity benefits of
the father.
c) Where only the mother participates in the social insurance but does
not meet the conditions specified in Clause 2 or 3, Article 31 of the Law on
social insurance and is dead, the father or the direct nurturer shall enjoy the
maternity benefits until the baby is 06 months of age. The rate of entitlement
to maternity benefits is calculated on the basis of average monthly salary paid
for social insurance of the 06 months before leave for maternity benefits of
the mother.
d) Where both parents participate in the social insurance but the mother
does not meet the conditions specified in Clause 2 or 3, Article 31 of the Law
on social insurance and is dead, the father can take leave for maternity
benefits until the child is full 06 months of age. The rate of entitlement to
maternity benefits is calculated on the basis of average monthly salary paid
for social insurance of the 06 months before leave for maternity benefits of
the father.
dd) Where the father or the direct nurturer specified under Point b and
d of this Clause does not take leave, he or she shall enjoy the maternity
benefits. The rate of entitlement to maternity benefits is calculated on the
basis of average monthly salary paid for social insurance of the 06 months
before leave for maternity benefits of the mother.
e) Where only the father participates in the social insurance and the
mother is dead or encounters risk after giving a birth and not being healthy to
take care of the baby as certified by the competent medical facility, the
father shall take leave for entitlement of maternity benefits until the child
is full 06 months of age. The rate of entitlement to maternity benefits is
calculated on the basis of average monthly salary paid for social insurance of the
06 months before leave for maternity benefits of the father.
g) For
the cases specified under Points b, d and e of this Clause but the father pays
the social insurance of less than 06 months, the rate of entitlement to
maternity benefits is calculated on the basis of average monthly salary of the
months of social insurance payment.
3. Where the female employees have pregnancy of twin or more and when
giving a birth, a baby is dead, the mother shall enjoy the maternity benefits
for the live baby. The period of time for entitlement to maternity benefits is
based on the number of children born, including the dead baby.
Where all babies are dead, the period of time for entitlement to
maternity benefits shall comply with the provisions in Article 33 of the Law on
social insurance for each stillbirth. No overlapping calculation of time of
entitlement is done.
Where all babies are born dead, the period of time of leave for
entitlement of maternity benefits shall comply with the provisions in Clause 2,
Article 34 of the Law on social insurance applicable to the last dead baby.
[DNH10]Regulated by Session 1, Chapter 2, Decree No. 115/2015/ND-CP
Section 1. Maternity Benefit For Female Employees As Surrogate Mothers
And Intended Mothers
[DNH11]Regulated by Article 11 Circular No.:
59/2015/TT-BLDTBXH (MOLISA).
Article 11. Period of time to enjoy maternity benefits for child
adoption
The employees adopting a child under 06 months of age shall be entitlted
to take leave to enjoy the maternity benefits in accordance with the provisions
in Article 36 of the Law on social insurance. Where the employees meet the
conditions to enjoy the maternity benefits specified in Clause 2, Article 31 of
the Law on social insurance but do not take leave, they shall be entitled to
one time benefits specified in Article 38 of the Law on social insurance.
[DNH20]Regulated by Article 21 Circular No.:
59/2015/TT-BLDTBXH (MOLISA).