Law on Social Insurance 2014 (Applicable from January 01, 01)

THE LAW

SOCIAL INSURANCE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Social Insurance.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law prescribes social insurance regimes and policies; rights and responsibilities of employees and employers; agencies, organizations and individuals related to social insurance, representative organizations of labor collectives, representative organizations of employers; social insurance agencies; social insurance fund; procedures for implementation of social insurance and state management of social insurance.

Article 2. Subject of application

1. Vietnamese citizen workers are subject to compulsory social insurance, including:

a) Persons working under an indefinite term labor contract, a definite term labor contract, a seasonal labor contract or a certain job with a term of from full 03 months to less than 12 months , including the labor contract signed between the employer and the legal representative of the person under the age of 15 in accordance with the labor law;

b) Persons working under labor contracts with a term of between full 6 months and under months of months;

c) Officials, civil servants and employees;

d) Defense workers, police workers and other workers in weak and weak organizations;

d) Professional army officers and soldiers; professional officers and non-commissioned officers, technical police officers and non-commissioned officers; people who work on basic activities to enjoy salary as for military personnel;

e) Non-commissioned officers and soldiers of the people's army; non-commissioned officers and soldiers of the people's police service for a definite time; Military, police and weak students who are studying enjoy living expenses;

g) Persons going to work abroad under the contract specified in the Law on Vietnamese employees working abroad under the contract;

h) The enterprise manager, the executive manager of the cooperative receiving salary;

i) Non-specialized people in communes, wards and towns.

2. An employee who is a foreign citizen who works in Vietnam has a work permit or practice certificate or a practice license granted by a competent Vietnamese agency to participate in compulsory social insurance under regulations. Government regulations.

3. Employers participating in compulsory social insurance include state agencies, non-business units and people's armed forces units; political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, other social organizations; foreign agencies, organizations and international organizations operating in the Vietnamese territory; enterprises, cooperatives, individual business households, cooperative groups, other organizations and individuals that hire and use labor under labor contracts.

4. Participants in voluntary social insurance are Vietnamese citizens who are fully qualified and have not been specified in Item 15 of this Article.

5. Agencies, organizations and individuals related to social insurance.

Subjects specified in Clauses 1, 2 and 4 This is hereinafter referred to as employees.

Article 3. Explain words

In this Law, the terms below are construed as follows:

1. Social insurance is a guarantee to replace or partially compensate an employee's income when he or she has a decrease or loss of income due to illness, maternity, work accident, occupational disease, end of working age or death, on the basis of contributions to the social insurance fund.

2. Compulsory social insurance is a type of social insurance organized by the State that employees and employers must participate in.

3. Voluntary social insurance is a type of social insurance organized by the State in which participants can choose a payment level and payment method suitable to their income and the State has a policy to support social insurance premiums for participants to pay. enjoy retirement and survivorship benefits.

4. Social Insurance Fund is a financial fund independent from the state budget, formed from the contributions of employees, employers and with the support of the State.

5. Social insurance payment period is the time calculated from the time the employee starts paying social insurance contributions until the time they stop paying. In case employees pay social insurance premiums intermittently, the period of social insurance payment is the total time of paying social insurance premiums.

6. Relatives is the natural child, adopted child, spouse, natural father, natural mother, adoptive father, adoptive mother, father-in-law or father-in-law, mother-in-law or mother-in-law of a social insurance participant or other family member without Social insurance participants are obliged to take care of them in accordance with the law on marriage and family.

7. Supplemental retirement insurance is a voluntary social insurance policy aimed at supplementing the retirement regime in compulsory social insurance, with a mechanism to create funds from the contributions of employees and employers. in the form of a personal savings account, which is preserved and accumulated through investment activities in accordance with the law.

Article 4. Social insurance regimes

1. Compulsory social insurance has the following regimes:

a) Sickness;

b) Maternity;

c) Occupational accidents and diseases;

d) Retirement;

d) Mortality.

2. Voluntary social insurance has the following regimes:

a) Retirement;

b) Mortality.

3. Supplemental retirement insurance prescribed by the Government.

Article 5. Principles of social insurance

1. The level of social insurance enjoyment is calculated on the basis of the payment rate and period of social insurance premium payment and is shared among the social insurance participants.

2. The compulsory social insurance premium is calculated on the basis of the employee's monthly salary. Voluntary social insurance premiums are calculated on the basis of monthly income selected by employees.

3. Employees who both have time to pay compulsory social insurance premiums and have time to pay voluntary social insurance premiums are entitled to the retirement and survivorship regimes on the basis of the time they have paid social insurance premiums. The period of social insurance premium payment for which one-time social insurance allowance has been calculated shall not be counted into the period used as the basis for calculating social insurance benefits.

4. The social insurance fund is managed centrally, uniformly, openly and transparently; are used for the right purposes and are accounted independently according to the component funds, the target groups implementing the salary regime prescribed by the State and the salary regime decided by the employer.

5. The implementation of social insurance must be simple, easy, convenient, timely and fully ensuring the interests of social insurance participants.

Article 6. State policies towards social insurance

1. To encourage and create conditions for agencies, organizations and individuals to participate in social insurance.

2. Support participants in voluntary social insurance.

3. Protect the social insurance fund and take measures to preserve and grow the fund.

4. Employers and employees are encouraged to participate in supplemental retirement insurance.

5. Prioritize investment in information technology development in social insurance management.

Article 7. Contents of state management of social insurance

1. Promulgating and organizing the implementation of legal documents, strategies and policies on social insurance.

2. Propagating and disseminating policies and laws on social insurance.

3. To carry out statistics and information on social insurance.

4. Organization of the social insurance implementation apparatus; train and train human resources to do social insurance work.

5. Management of revenue, expenditure, preservation, development and balance of the social insurance fund.

6. To inspect and examine the observance of the law on social insurance; settle complaints and denunciations and handle violations of the law on social insurance.

7. International cooperation on social insurance.

Article 8. State management agencies in charge of social insurance

1. The Government performs the unified state management of social insurance.

2. The Ministry of Labor, War Invalids and Social Affairs is responsible to 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 participates and coordinates with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance, the People's Committees of the provinces and centrally-run cities (hereinafter referred to as the provincial level) in implementing Currently managing revenue, expenditure, preservation, development and balance of the social insurance fund.

5. People's Committees at all levels perform the state management of social insurance within their respective localities according to the Government's decentralization.

Article 9. Modernization of social insurance management

1. The State encourages investment in the development of advanced technologies and technical means for the management and implementation of social insurance.

2. By 2020, complete the construction and operation of an electronic database on social insurance management nationwide.

Article 10. Responsibilities of the Minister of Labor, War Invalids and Social Affairs for social insurance

1. Formulate strategies, master plans and plans for social insurance development.

2. Formulating policies and laws on social insurance; submit to competent state agencies for promulgation or promulgate according to its competence legal documents on social insurance.

3. Formulate and submit to the Government targets for developing social insurance participants.

4. Propagating and disseminating policies and laws on social insurance.

5. Direct and guide the implementation of policies and laws on social insurance.

6. Inspect, examine, handle law violations, settle complaints and denunciations about social insurance, except for the provisions in Clause 2, Article 11 of this Law.

7. Submit to the Government for decision handling measures in necessary cases to protect the legitimate rights and interests of social insurance of employees.

8. To carry out statistics and information on social insurance.

9. Organize training and education on social insurance.

10. Organization of scientific research and international cooperation on social insurance.

11. Annually, report to the Government on the implementation of social insurance.

Article 11. Responsibilities of the Minister of Finance for social insurance

1. Formulate and submit to competent state agencies for promulgation or promulgate according to its competence a financial management mechanism for social insurance; social insurance management costs.

2. Inspect, examine, handle law violations and settle complaints and denunciations about the financial management of social insurance.

3. Annually, send reports on the management and use of social insurance funds to the Minister of Labor, War Invalids and Social Affairs to summarize and report to the Government.

Article 12. Responsibilities of People's Committees at all levels regarding social insurance

1. Direct and organize the implementation of policies and laws on social insurance.

2. Develop targets for developing social insurance participants in annual socio-economic development plans and submit them to the People's Councils of the same level for decision.

3. Propagating and disseminating policies and laws on social insurance.

4. Inspect, examine, handle law violations and settle complaints and denunciations about social insurance.

5. Proposing competent state agencies to amend and supplement policies and laws on social insurance.

Article 13. Social insurance inspector

1. The Labor - Invalids and Social Affairs Inspectorate shall perform the function of specialized inspection of the implementation of policies and laws on social insurance in accordance with the law on inspection.

2. The financial inspector shall perform the function of specialized inspection on financial management of social insurance in accordance with the law on inspection.

3. The social insurance agency shall perform the function of specialized inspection on payment of social insurance, unemployment insurance and health insurance according to the provisions of this Law and other relevant laws.

4. The Government shall detail this Article.

Article 14. Rights and responsibilities of trade unions, Vietnam Fatherland Front and its member organizations

1. Trade union organizations have the following rights:

a) Protect the lawful and legitimate rights and interests of employees participating in social insurance;

b) Request the employer, the social insurance agency to provide information about the employee's social insurance;

c) Supervising and recommending to competent agencies to handle violations of the law on social insurance;

d) File a lawsuit with the Court for violations of the law on social insurance, affecting the lawful rights and interests of employees and employees' collectives as prescribed in Clause 8, Article 10 of this Law. Union.

2. Trade union organizations have the following responsibilities:

a) Propagating and disseminating policies and laws on social insurance for employees;

b) Participate in the inspection and examination of the implementation of the law on social insurance;

c) Proposing, participating in the formulation, amendment and supplementation of policies and laws on social insurance.

3. The Vietnam Fatherland Front and its member organizations shall, within the ambit of their functions and tasks, propagate and mobilize the people, union members and members to implement policies and laws. on social insurance, actively participate in various types of social insurance suitable for themselves and their families; participate in protecting the lawful and legitimate rights and interests of union members and members; social criticism, participate with state agencies in formulating policies and laws on social insurance; supervise the implementation of policies and laws on social insurance according to the provisions of law.

Article 15. Rights and responsibilities of the employer's representative organization

1. Employers' representative organizations have the following rights:

a) Protect the legitimate rights and interests of employers participating in social insurance;

b) To propose competent state agencies to handle violations of the law on social insurance.

2. Employer's representative organization has the following responsibilities:

a) Propagating and disseminating policies and laws on social insurance to employers;

b) Participating in inspection and supervision of the implementation of the law on social insurance;

c) Proposing, participating in the formulation, amendment and supplementation of policies and laws on social insurance.

Article 16. Reporting and auditing regimes

1. Annually, the Government shall report to the National Assembly on the implementation of social insurance policies and regimes, and the management and use of the social insurance fund.

2. Every three years, the State Audit Office of Vietnam shall audit the social insurance fund and report the results to the National Assembly. At the request of the National Assembly, Standing Committee of the National Assembly and the Government, the social insurance fund is audited unexpectedly.

Article 17. Prohibited acts

1. Evading payment of compulsory social insurance and unemployment insurance.

2. Late payment of social insurance and unemployment insurance premiums.

3. Appropriating money to pay social insurance and unemployment insurance premiums.

4. Fraud and forging records in the implementation of social insurance and unemployment insurance.

5. Illegally using the social insurance fund or unemployment insurance fund.

6. Obstructing, causing difficulties or causing damage to the lawful and legitimate rights and interests of employees and employers.

7. Illegally accessing and exploiting databases on social insurance and unemployment insurance.

8. Reporting falsely; providing inaccurate information and data on social insurance and unemployment insurance.

Chapter II

RIGHTS, RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS, SOCIAL INSURANCE AGENCIES

Article 18. Rights of employees

1. To participate in and enjoy the social insurance regimes in accordance with this Law.

2. Issuance and management of social insurance books.

3. Receive a full and timely pension and social insurance allowance in one of the following forms of payment:

a) Directly from the social insurance agency or a service organization authorized by the social insurance agency;

b) Through the employee's deposit account opened at the bank;

c) Through the employer.

4. To enjoy health insurance in the following cases:

a) Being on pension;

b) During the leave of absence from work to enjoy maternity benefits when giving birth or adopting a child;

c) Taking leave to enjoy the monthly labor accident and occupational disease allowance;

d) Being on sickness allowance for employees suffering from diseases on the list of diseases requiring long-term treatment promulgated by the Ministry of Health.

5. To take the initiative to go for medical examination and assessment of the level of working capacity decrease if they fall into the cases specified at Point b, Clause 1, Article 45 of this Law and have reserved the period of social insurance payment; medical assessment fees are paid if they are eligible for social insurance.

6. Authorize others to receive pensions and social insurance benefits.

7. Every 06 months, the employer shall provide information on payment of social insurance premiums; annually, to be certified by the social insurance agency on the payment of social insurance premiums; to request the employer and the social insurance agency to provide information on the payment and enjoyment of social insurance.

8. Complaints, denunciations and lawsuits about social insurance in accordance with law.

Article 19. Responsibilities of employees

1. Pay social insurance premiums in accordance with this Law.

2. Comply with regulations on making social insurance dossiers.

3. Preserving social insurance books.

Article 20. Rights of the employer

1. Refusing to comply with requests in contravention of the law on social insurance.

2. Complaints, denunciations and lawsuits about social insurance in accordance with law.

Article 21. Responsibilities of the employer

1. Prepare dossiers for employees to be granted social insurance books, pay and enjoy social insurance.

2. To pay social insurance premiums according to the provisions of Article 86 and to make monthly deductions from the employee's salary as prescribed in Clause 1, Article 85 of this Law to simultaneously contribute to the social insurance fund.

3. To introduce the employees specified at Point a, Clause 1, Clause 2, Article 45 and Article 55 of this Law for examination and assessment of their working capacity decrease at the Medical Assessment Council.

4. Cooperate with social insurance agencies in paying social insurance allowances to employees.

5. Coordinating with the social insurance agency in returning the social insurance book to the employee, certifying the time of payment of social insurance premiums when the employee terminates the labor contract, working contract or resigns under the terms of the contract. provisions of law.

6. Provide accurate, complete and timely information and documents related to the payment and enjoyment of social insurance at the request of competent state management agencies, social insurance agencies.

7. Every 06 months, publicly post information on the payment of social insurance premiums for employees; provide information about employees' social insurance contributions when required by employees or trade unions.

8. Every year, publicly post up information on social insurance premiums of employees provided by the social insurance agency according to the provisions of Clause 7 Article 23 of this Law.

Article 22. Rights of the social insurance agency

1. Organize the management of human resources, finance and assets according to the provisions of law.

2. Refusing to request payment of social insurance, unemployment insurance or health insurance in contravention of law.

3. Request the employer to present the labor management book, payroll and other information and documents related to the payment and enjoyment of social insurance, unemployment insurance, and health insurance.

4. To receive a copy of the enterprise registration certificate, operation license, operation certificate or establishment decision from the business registration agency, operation certificate or operation license-issuing agency, or establishment decision to register employees to participate in social insurance and health insurance for newly established enterprises and organizations.

5. Every 06 months, the local state management agency in charge of labor shall provide information on the situation of employment and change of labor in the locality.

6. To be provided by the tax authority with the employer's tax identification number; annually provide information on salary costs for tax calculation of the employer.

7. Check the implementation of social insurance policies; specialized inspection of the payment of social insurance, unemployment insurance and health insurance.

8. Proposing competent state agencies to formulate, amend and supplement policies and laws on social insurance, unemployment insurance, health insurance and management of social insurance and insurance funds unemployment insurance, health insurance.

9. Handle violations of the law or propose to competent state agencies to handle violations of the law on social insurance, unemployment insurance and health insurance.

Article 23. Responsibilities of the social insurance agency

1. Propagating and disseminating policies and laws on social insurance, unemployment insurance and health insurance.

2. Issue the form of social insurance and unemployment insurance books and dossiers after obtaining the consent of the Ministry of Labor, War Invalids and Social Affairs.

3. Organize the collection and expenditure of social insurance, unemployment insurance and health insurance according to the provisions of law.

4. Issue social insurance books to employees; manage the social insurance book when the employee has received retirement or death benefits.

5. Receive social insurance and health insurance dossiers; settle social insurance and health insurance regimes; organize the payment of pensions, social insurance and unemployment insurance benefits fully, conveniently and on time.

6. Annually, certify the time of payment of social insurance premiums for each employee; provide fully and promptly information on payment, entitlement to regimes and procedures for implementing social insurance when required by employees, employers or trade unions.

7. Annually, provide information on employees' social insurance contributions for the employer to post publicly.

8. Application of information technology in social insurance management; keep records of social insurance participants in accordance with law.

9. Manage and use social insurance, unemployment insurance and health insurance funds in accordance with law.

10. Take measures to preserve and grow the social insurance, unemployment insurance and health insurance funds under the decision of the Social Insurance Management Council.

11. Carry out statistical work, financial accounting on social insurance, unemployment insurance, health insurance.

12. Professional training and guidance on social insurance, unemployment insurance, health insurance.

13. Every 06 months, to report to the Social Insurance Management Council and annually, to the Ministry of Labor, War Invalids and Social Affairs on the implementation of social insurance and unemployment insurance; report to the Ministry of Health on the implementation of health insurance; report to the Ministry of Finance on the management and use of social insurance, unemployment insurance and health insurance funds.

Annually, the local social insurance agency shall report to the People's Committee of the same level on the implementation of social insurance, unemployment insurance and health insurance within its local management.

14. Publicizing on the media about the employer violating the obligation to pay social insurance, unemployment insurance, and health insurance.

15. Provide relevant documents and information at the request of competent state agencies.

16. Settle complaints and denunciations about the implementation of social insurance, unemployment insurance and health insurance according to the provisions of law.

17. Implement international cooperation on social insurance, unemployment insurance, health insurance.

Chapter III

COMPULSORY SOCIAL INSURANCE

Section 1. SICK MODE

Article 24. Subjects of application of the sickness regime

Subjects of application of the sickness regime are employees specified at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law.

Article 25. Conditions for enjoying the sickness regime

1. Being sick or having an accident that is not an occupational accident must take leave from work and certified by a competent medical examination and treatment establishment as prescribed by the Ministry of Health.

In case of illness or accident and must leave work due to self-destruction of health, drunkenness or the use of narcotics or drug precursors according to the list prescribed by the Government, they are not entitled to the sickness regime.

2. Having to take leave from work to take care of sick children under 07 years old and certified by a competent medical examination and treatment establishment.

Article 26. Time to enjoy the sickness regime

1. The maximum period of enjoyment of the sickness regime in one year for employees specified at Points a, b, c, d and h, Clause 1, Article 2 of this Law is calculated in working days excluding public holidays. , Tet holidays, weekly rest days and are regulated as follows:

a) Working in normal conditions, they are entitled to 30 days if they have paid social insurance premiums for less than 15 years; 40 days if the payment is from full 15 years to less than 30 years; 60 days if paid for full 30 years or more;

b) Doing heavy, hazardous, dangerous or particularly heavy, hazardous or dangerous occupations or jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, or working where Those who have regional allowance coefficients of 0,7 or more are entitled to 40 days if they have paid social insurance premiums for less than 15 years; 50 days if the payment is from full 15 years to less than 30 years; 70 days if paid for full 30 years or more.

2. An employee who takes leave from work due to illness on the List of diseases requiring long-term treatment promulgated by the Ministry of Health is entitled to the following sickness benefits:

a) Up to 180 days including public holidays, New Year's holidays and weekly rest days;

b) At the end of the period for enjoying the sickness benefits specified at Point a of this Clause, if they continue to receive treatment, they will continue to enjoy the sickness benefits at a lower rate, but the maximum benefit period is equal to the period of payment of social insurance premiums. .

3. The period of enjoyment of the employee's sickness benefits specified at Point dd, Clause 1, Article 2 of this Law is based on the duration of treatment at a competent medical examination and treatment establishment.

Article 27. Time to enjoy the regime when the child is sick

1. The period of enjoying the benefits when a child is sick in a year for each child is calculated according to the maximum number of child care days, which is 20 working days if the child is under 03 years old; maximum is 15 working days if the child is from full 03 years old to under 07 years old.

2. In case both parents participate in social insurance, the time for each father or mother to enjoy the benefits when the child is sick is as prescribed in Clause 1 of this Article.

The time off from work to enjoy the benefits when the child is sick specified in this Article is calculated by working days excluding public holidays, New Year holidays and weekly rest days.

Article 28. Sickness benefits

1. An employee who enjoys the sickness benefits prescribed in Clause 1 and Point a, Clause 2, Article 26 and Article 27 of this Law, the monthly benefit rate is equal to 75% of the salary on which social insurance premiums are based of the preceding month. before retiring.

In case an employee has just started working or an employee has previously paid social insurance premiums, and then has his/her working time interrupted, he/she must leave work to enjoy sickness benefits within the first month or so. If they return to work, the benefit rate is equal to 75% of the salary on which social insurance premiums are based.

2. If an employee continues to enjoy the sickness regime specified at Point b, Clause 2, Article 26 of this Law, the benefit level is prescribed as follows:

a) Equal to 65% of the salary on which social insurance premiums are based of the month immediately preceding the resignation, if the employee has paid social insurance premiums for full 30 years or more;

b) Equal to 55% of the salary on which social insurance premiums are based of the month immediately preceding the resignation, if social insurance premiums have been paid for from full 15 years to less than 30 years;

c) Equal to 50% of the salary on which social insurance premiums are based of the month immediately preceding the resignation if the social insurance premium has been paid for less than 15 years.

3. An employee who enjoys the sickness regime as prescribed in Clause 3, Article 26 of this Law shall enjoy 100% of the salary on which social insurance premiums are based in the preceding month before leaving work.

4. The sickness benefit per day is calculated as the monthly sickness benefit divided by 24 days.

Article 29. Convalescence and health rehabilitation after illness

1. An employee who has taken leave from work and enjoys the sickness regime for a full period of one year as prescribed in Article 26 of this Law, within the first 30 days after returning to work, but his health has not yet recovered, he/she may take a leave of absence. health, health recovery from 05 days to 10 days in a year.

The time of convalescence and recovery includes public holidays, New Year holidays, and weekly rest days. In case there is a period of convalescence and health rehabilitation from the end of the previous year to the beginning of the next year, such time off shall be counted for the previous year.

2. The number of days of convalescence and health rehabilitation shall be decided by the employer and the grassroots trade union executive committee. In case the employer has no trade union, it shall be decided by the employer. decide as follows:

a) Up to 10 days for employees whose health has not yet recovered from illness due to illness requiring long-term treatment;

b) Up to 07 days for employees whose health has not yet recovered after being sick due to surgery;

c) Equal to 05 days for other cases.

3. The level of enjoyment for convalescence and health rehabilitation after being sick for one day is equal to 30% of the base salary.

Section 2. Maternity regime

Article 30. Subjects of application of the maternity regime

Subjects of application of the maternity regime are employees specified at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law.

Article 31. Conditions for enjoying the maternity regime

1. An employee is entitled to the maternity regime in one of the following cases:

a) Pregnant female employees;

b) Female employees give birth;

c) The female employee is a surrogate mother and the mother asks for surrogacy;

d) The employee adopts a child under 06 months old;

dd) Female employees put on IUDs, employees take sterilization measures;

e) Male employees who are paying social insurance premiums whose wives give birth to children.

2. The employees specified at Points b, c and d, Clause 1 of this Article must pay social insurance premiums for full 06 months or more during the 12 months before giving birth or adopting a child.

3. The employees specified at Point b, Clause 1 of this Article who have paid social insurance premiums for full 12 months or more but have to take a leave of absence from work during pregnancy to take care of the pregnancy as designated by a competent medical facility. must pay social insurance premiums for full 03 months or more within 12 months before giving birth.

4. Employees who fully meet the conditions specified in Clauses 2 and 3 of this Article, but terminate their labor contracts, work contracts or quit their jobs before the time of giving birth or adopting children under 06 months of age, they are still entitled to maternity regime as prescribed in Articles 34, 36, 38 and Clause 1, Article 39 of this Law.

Article 32. Time to enjoy the regime during antenatal check-up

1. During pregnancy, female employees are entitled to take leave from work to go for prenatal check-ups 05 times, 01 day each time; If the patient is far from medical examination and treatment establishments or the pregnant woman has a medical condition or an abnormal pregnancy, she is entitled to 02 days off for each prenatal check-up.

2. The maternity leave period specified in this Article is calculated by working days excluding public holidays, New Year holidays and weekly rest days.

Article 33. The period of enjoyment of the regime in case of miscarriage, curettage, abortion, stillbirth or pathological abortion

1. In case of miscarriage, curettage, abortion, stillbirth or pathological abortion, female employees are entitled to take maternity leave as designated by competent medical examination and treatment establishments. The maximum time off work is regulated as follows:

a) 10 days if the pregnancy is under 05 weeks;

b) 20 days if the pregnancy is from 05 weeks to under 13 weeks;

c) 40 days if the pregnancy is from 13 weeks to under 25 weeks;

d) 50 days if the pregnancy is 25 weeks or more.

2. The maternity leave period specified in Clause 1 of this Article includes public holidays, New Year holidays and weekly rest days.

Article 34. Time to enjoy the regime when giving birth

1. Female employees giving birth are entitled to take maternity leave before and after giving birth for 06 months. In case female employees have twins or more, from the second child onwards, for each child, the mother is entitled to an extra month of leave.

The maximum period of maternity leave before giving birth is not more than 02 months.

2. Male employees who are paying social insurance premiums when their wives give birth to children are entitled to take maternity leave as follows:

a) 05 working days;

b) 07 working days when the wife gives birth to a child requiring surgery or gives birth to a child under 32 weeks old;

c) In case the wife gives birth to twins, she is entitled to 10 working days off; from the birth of triplets or more, for each additional child, she is entitled to an additional 03 working days;

d) In case the wife has twins or more and has to have surgery, she is entitled to 14 working days off.

The leave period for maternity benefits specified in this Clause shall be calculated within the period of 30 days from the first day of the wife's birth.

3. In case after giving birth to a child, if a child under 02 months old dies, the mother is entitled to a 04-month leave from the date of childbirth; if a child aged 02 months or older dies, the mother is entitled to 02 months off from the day of the child's death, but the time off work to enjoy the maternity regime does not exceed the time specified in Clause 1 of this Article; This time is not included in the separate leave time according to the provisions of the labor law.

4. In case only the mother participates in social insurance or both parents participate in social insurance and the mother dies after giving birth, the father or the person directly raising the child is entitled to take a leave of absence from work to enjoy the maternity regime for the child. the remaining time of the mother as prescribed in Clause 1 of this Article. In case the mother who participates in 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 person directly raising the child is entitled to take leave to enjoy the maternity regime until the child is fully satisfied. 06 months old.

5. In case the father or the person directly fostering participates in social insurance but does not quit his job as prescribed in Clause 4 of this Article, in addition to the salary, he/she is also entitled to the maternity regime for the remaining time of the mother according to regulations. specified in Clause 1 of this Article.

6. In case only the father participates in social insurance but the mother dies after giving birth or encounters risks after giving birth but is no longer healthy enough to take care of the child as certified by a competent medical examination and treatment facility fathers are entitled to take maternity leave until the child is full 06 months old.

7. The maternity leave period specified in Clauses 1, 3, 4, 5 and 6 of this Article includes public holidays, Tet holidays and weekly rest days.

Article 35. Maternity regime of female surrogacy workers and mothers asking for surrogacy

1. Female gestational surrogacy workers are entitled to benefits upon antenatal care, miscarriage, curettage, abortion, stillbirth or pathological abortion, and benefits upon childbirth until the time of handing over the child to the requested mother. surrogacy, but not exceeding the time specified in Clause 1, Article 34 of this Law. In the case that from the date of birth to the time of delivery of the child, the maternity leave period is less than 60 days, the surrogate mother is still entitled to the maternity regime until full 60 days, including public holidays, Tet holiday, weekly rest day.

2. The mother who asks for surrogacy is entitled to the maternity regime from the time of receiving the child until the child is full 06 months old.

3. The Government shall detail the maternity regime and procedures for enjoying the maternity regime of female gestational surrogacy workers and their mothers requesting surrogacy.

Article 36. Time to enjoy the regime when adopting a child

An employee who adopts a child under 06 months old is entitled to take maternity leave until the child is full 06 months old. In case both parents participate in social insurance and fully satisfy the conditions for enjoying the maternity regime specified in Clause 2, Article 31 of this Law, only one parent is entitled to take a leave of absence from work to enjoy the regime.

Article 37. Time to enjoy the regime when taking contraceptive measures

1. When taking contraceptive measures, the employee is entitled to the maternity regime as specified by the competent medical examination and treatment establishment. The maximum time off work is regulated as follows:

a) 07 days for female employees using IUDs;

b) 15 days for employees taking sterilization measures.

2. The maternity leave period specified in Clause 1 of this Article includes public holidays, New Year holidays and weekly rest days.

Article 38. One-time allowance when giving birth or adopting a child

A female employee giving birth or an employee adopting a child under 06 months old is entitled to a lump-sum allowance for each child equal to 02 times the base salary in the month the female employee gives birth or the month the employee adopts a child.

In case of childbirth but only the father participates in social insurance, the father is entitled to a lump-sum allowance equal to 02 times the base salary in the month of childbirth for each child.

Article 39. Maternity benefits

1. An employee who enjoys the maternity regime as prescribed in Articles 32, 33, 34, 35, 36 and 37 of this Law, the maternity benefit level is calculated as follows:

a) The monthly allowance is equal to 100% of the average monthly salary on which social insurance premiums are based for the 06 months before taking leave to enjoy the maternity regime. If the employee has paid social insurance premiums for less than 06 months, the maternity benefit rate prescribed in Articles 32, 33, Clauses 2, 4, 5 and 6, Article 34 and Article 37 of this Law is the rate average monthly salary of the months for which social insurance premiums have been paid;

b) The one-day allowance for the cases specified in Article 32 and Clause 2, Article 34 of this Law is calculated as the monthly maternity allowance divided by 24 days;

c) The rate of entitlement to the regime upon childbirth or child adoption is calculated according to the monthly allowance specified at Point a, Clause 1 of this Article, in the case of odd days or in the cases specified in Articles 33 and 37 of this Law. then the one-day allowance is calculated as the monthly allowance divided by 30 days.

2. The period of leave on maternity leave from 14 working days or more in a month is counted as the period of payment of social insurance premiums, and employees and employers are not required to pay social insurance premiums.

3. The Minister of Labor, War Invalids and Social Affairs shall detail the conditions, time and benefit levels of the subjects specified in Article 24 and Clause 1, Article 31 of this Law.

Article 40. Female employees go to work before the maternity leave expires

1. Female employees may work before the end of the maternity leave period specified in Clause 1 or 3, Article 34 of this Law when fully meeting the following conditions:

a) After taking leave for at least 04 months;

b) Must be notified in advance and agreed to by the employer.

2. In addition to wages for working days, female employees who go to work before the maternity leave period expires is still entitled to the maternity regime until the time limit specified in Clause 1 or 3, Article 34 of this Law expires. .

Article 41. Convalescence and health rehabilitation after maternity

1. Female employees right after the maternity leave period specified in Article 33, Clause 1 or Clause 3, Article 34 of this Law, within the first 30 working days, if their health has not yet recovered, they shall be entitled to take a leave of absence. health, health recovery from 05 days to 10 days.

The time of convalescence and recovery includes public holidays, New Year holidays, and weekly rest days. In case there is a period of convalescence and health rehabilitation from the end of the previous year to the beginning of the next year, such time off shall be counted for the previous year.

2. The number of days of convalescence and rehabilitation prescribed in Clause 1 of this Article shall be decided by the employer and the grassroots trade union executive committee, if the employer has not yet established a grassroots trade union. is determined by the employer. The time for convalescence and health rehabilitation is prescribed as follows:

a) Up to 10 days for female employees who give birth to two or more children once;

b) Up to 07 days for female employees who have to undergo surgery after giving birth;

c) Up to 05 days for other cases.

3. The level of enjoyment of the convalescence and health rehabilitation regime after one day of maternity is equal to 30% of the base salary.

Section 3. OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES REGIME

Article 42. Subjects of application of the labor accident and occupational disease regime

Subjects of application of the occupational accident and occupational disease regime are employees specified at Points a, b, c, d, dd, e and h, Clause 1, Article 2 of this Law.

Article 43. Conditions for enjoying the occupational accident regime

An employee is entitled to the occupational accident regime when fully meeting the following conditions:

1. Having an accident in one of the following cases:

a) At work and during working hours;

b) Outside the workplace or outside working hours when performing work at the request of the employer;

c) On the route to and from the place of residence to the place of work within a reasonable time and route.

2. Working capacity decrease of 5% or more due to an accident specified in Clause 1 of this Article.

Article 44. Conditions for enjoying the occupational disease regime

An employee is entitled to the occupational disease regime when fully meeting the following conditions:

1. Having an illness on the list of occupational diseases promulgated by the Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs when working in a hazardous environment or occupation;

2. Working capacity decrease of 5% or more due to illness specified in Clause 1 of this Article.

Article 45. Assessment of working capacity decrease

1. An employee suffering a labor accident or occupational disease may have his/her working capacity decrease assessed or re-assessed in one of the following cases:

a) After the injury or illness has been treated stably;

b) After being injured, the disease recurs and has been treated stably.

2. An employee may undergo a general assessment of working capacity decrease in one of the following cases:

a) Having both an occupational accident and an occupational disease;

b) Having occupational accidents many times;

c) Having many occupational diseases.

Article 46. One-time allowance

1. Employees with a working capacity decrease of 5% to 30% are entitled to a one-time allowance.

2. The one-time allowance level is regulated as follows:

a) If there is a 5% decrease in working capacity, they will be entitled to 05 times the base salary, then for each additional 1% decrease, they will be entitled to an additional 0,5 times the base salary;

b) In addition to the allowance specified at Point a of this Clause, they are also entitled to an additional allowance calculated according to the number of years of paying social insurance premiums. From one year or less, it is calculated as 0,5 months, then every additional year. for each year of paying social insurance premiums, an additional 0,3 months' salary on which to pay social insurance premiums is made of the preceding month before leaving work for treatment.

Article 47. Monthly allowance

1. Employees with a working capacity decrease of 31% or more are entitled to a monthly allowance.

2. The monthly allowance is regulated as follows:

a) With a 31% decrease in working capacity, the employee shall be entitled to 30% of the base salary, then for each additional 1% decrease, an additional 2% of the base salary shall be enjoyed;

b) In addition to the allowance specified at Point a of this Clause, each month, they are also entitled to an additional allowance calculated according to the number of years of paying social insurance premiums, from one year or less calculated at 0,5%, then for each additional year of paying social insurance premiums, an additional 0,3% of the salary on which social insurance premiums are based shall be calculated in the preceding month before leaving work for treatment.

Article 48. Time to enjoy benefits

1. The time to enjoy the allowance specified in Articles 46, 47 and 50 of this Law is counted from the month the employee completes treatment and is discharged from the hospital.

2. In case the employee's injury or disease recurs and the employee is entitled to re-appraisal of the decrease in working capacity, the time for receiving the new allowance shall be counted from the month with the conclusion of the Medical Assessment Council.

Article 49. Living aids and orthopedic devices

Employees suffering from labor accidents or occupational diseases but having damage to their bodily functions shall be provided with living aids and orthopedic devices for a period of time based on their injuries or illnesses. disability.

Article 50. Service allowance

An employee whose working capacity is reduced by 81% or more but suffers from spinal paralysis, blindness in both eyes or amputation, paralysis of two limbs or mental illness shall, in addition to the allowance specified in Article 47 of this Law, monthly. are also entitled to a service allowance equal to the base salary.

Article 51. One-time allowance for death due to occupational accident or occupational disease

The working employee dies due to a labor accident or an occupational disease or dies during the first treatment due to an occupational accident or disease, his/her relatives are entitled to a one-time allowance equal to 36 times the salary. basis.

Article 52. Convalescence and health rehabilitation after injury or illness treatment

1. An employee whose health has not yet recovered after stabilizing treatment for an injury caused by an occupational accident or an illness caused by an occupational disease may be entitled to a convalescence period of between 05 and 10 days.

2. The daily allowance is equal to 25% of the base salary if taking convalescence or health rehabilitation at home; equal to 40% of the base salary if convalescence and health rehabilitation at a concentrated establishment.

Section 4. REFERENCES

Article 53. Subjects of application of the retirement regime

The beneficiaries of the retirement regime are employees specified in Clause 1, Article 2 of this Law.

Article 54. Conditions for pension enjoyment

1. The employees specified at Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, except for the case specified in Clause 3 of this Article, when leaving work, have full 20 years of payment. If they fall into one of the following cases:

a) Full 60 years old for men, full 55 years old for women;

b) Men from full 55 years old to full 60 years old, women from full 50 years old to full 55 years old and have worked for full 15 years in heavy, hazardous or dangerous occupations or jobs, or particularly heavy, hazardous or dangerous occupations. belongs to the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, or has worked for full 15 years at a place with a regional allowance coefficient of 0,7 or more;

c) The employee is from full 50 years old to full 55 years old and has paid social insurance premiums for full 20 years or more, including 15 years working as a coal miner in an underground mine;

d) Persons infected with HIV/AIDS due to occupational accidents and risks.

2. An employee specified at Points dd and e, Clause 1, Article 2 of this Law who retires from work and has paid social insurance premiums for full 20 years or more is entitled to a pension when falling into one of the following cases:

a) Men are full 55 years old, women are full 50 years old, unless otherwise provided by the Law on Officers of the Vietnam People's Army, the Law on People's Public Security, and the Law on Ciphers;

b) Men from full 50 years old to full 55 years old, women from full 45 years old to full 50 years old and have worked for full 15 years in heavy, hazardous or dangerous occupations or jobs, or particularly heavy, hazardous or dangerous occupations. belongs to the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, or has worked for full 15 years at a place with a regional allowance coefficient of 0,7 or more;

c) People infected with HIV/AIDS due to occupational accidents and risks.

3. Female employees who are full-time or part-time workers in communes, wards or townships participating in social insurance when they quit their jobs, have paid social insurance premiums for between full 15 years and under 20 years, and are full 55 years old. receive a pension.

4. The Government shall prescribe conditions for pension enjoyment age for some special cases; conditions for pension enjoyment of the subjects specified at Points c and d, Clause 1, and Point c, Clause 2 of this Article.

Article 55. Conditions for enjoying pension upon working capacity decrease

1. The employees specified at Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, when they retire and have paid social insurance premiums for full 20 years or more, are entitled to a pension at the rate of 1. lower than those eligible for pensions specified at Points a and b, Clause 54, Article XNUMX of this Law if they fall into one of the following cases:

a) From January 01, 01, full 2016 years old men, full 51 years old women and working capacity decrease of 46% or more are eligible for pension when having working capacity decrease. After that, each year increases by one year until 61 onwards, when men are full 2020 years old and women are full 55 years old, they will be eligible for pension when their working capacity decreases by 50% or more;

b) Men are full 50 years old, women are full 45 years old and have a working capacity decrease of 81% or more;

c) Having a working capacity decrease of 61% or more and having worked for full 15 years or more in particularly heavy, hazardous or dangerous occupations or jobs on the list issued by the Ministry of Labor, War Invalids and Social Affairs, Issued by the Ministry of Health.

2. The employees specified at Points dd and e, Clause 1, Article 2 of this Law, when they quit their jobs, have paid social insurance premiums for full 20 years or more, and suffer a working capacity decrease of 61% or more, are entitled to a salary. retire at a lower rate than those eligible for pension specified at Points a and b, Clause 2, Article 54 of this Law in one of the following cases:

a) Full 50 years old for men, full 45 years old for women;

b) Having worked for full 15 years or more in occupations or jobs that are particularly heavy, hazardous or dangerous on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health.

Article 56. Monthly pension rate

1. From the effective date of this Law until January 01, 01, the monthly pension of employees who fully meet the conditions specified in Article 2018 of this Law is equal to 54% of the average salary. the monthly salary on which social insurance premiums are based as prescribed in Article 45 of this Law corresponds to 62 years of payment of social insurance premiums, after which an additional 15% shall be calculated for each year for men and 2% for women; up to 3%.

2. From January 01, 01, the monthly pension of employees who fully meet the conditions specified in Article 2018 of this Law is equal to 54% of the average monthly salary on which social insurance premiums are based specified in Article 45 of this Law. 62 of this Law and corresponding to the number of years of paying social insurance premiums as follows:

a) Male employees will retire for 2018 years in 16; 2019 years in 17; 2020 years in 18; 2021 years in 19; 2022 years from 20 onward;

b) Female employees who retire from 2018 onwards is 15 years.

After that, for each additional year, the employees specified at Points a and b of this Clause shall be charged an additional 2%; up to 75%.

3. The monthly pension of an employee who fully meets the conditions specified in Article 55 of this Law shall be calculated as prescribed in Clauses 1 and 2 of this Article, then it will be reduced by 2 for each year of retirement before the prescribed age. %.

In case the retirement age has an odd period of up to full 06 months, the reduction will be 1%, from over 06 months, the percentage will not be reduced due to early retirement.

4. The monthly pension of female employees who are eligible for pension enjoyment as prescribed in Clause 3, Article 54 is calculated according to the number of years of paying social insurance premiums and the average monthly salary on which social insurance premiums are based as follows: full 15 years of paying social insurance premiums shall be equal to 45% of the average monthly salary on which social insurance premiums are based specified in Article 62 of this Law. From full 16 years to less than 20 years of paying social insurance premiums, an additional 2% will be charged for each year.

5. The lowest monthly pension of employees participating in compulsory social insurance who are eligible for pension enjoyment as prescribed in Articles 54 and 55 of this Law is equal to the base salary, unless otherwise 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. Pension adjustment

The Government stipulates the adjustment of pensions on the basis of the increase of consumer price index and economic growth in accordance with the state budget and the social insurance fund.

Article 58. One-time allowance upon retirement

1. Employees who have paid social insurance premiums for a period of time higher than the number of years corresponding to the 75% pension enjoyment rate, upon retirement, in addition to their pensions, they are also entitled to a lump-sum allowance.

2. The lump-sum allowance is calculated according to the number of years of paying social insurance premiums which is higher than the number of years corresponding to the 75% pension enjoyment rate. For each year of paying social insurance premiums, it is calculated as 0,5 months of the average rate. monthly salary paid for social insurance.

Article 59. Time of pension enjoyment

1. For employees who are paying compulsory social insurance premiums specified at Points a, b, c, d, dd, e and i, Clause 1, Article 2 of this Law, the time of pension enjoyment is the time recorded. in the resignation decision made by the employer when the employee has fully met the conditions for pension enjoyment as prescribed by law.

2. For employees who are paying compulsory social insurance as prescribed at Point h, Clause 1, Article 2 of this Law, the time to enjoy pension is counted from the month immediately preceding when the employee fully meets the conditions for pension enjoyment and have a written request sent to the social insurance agency.

3. For employees specified at Point g, Clause 1, Article 2 of this Law and those who are having their period of social insurance premium payment reserved, the time of pension enjoyment is the time stated in the employee's written request. eligible for retirement pension.

4. The Minister of Labor, War Invalids and Social Affairs shall detail the time of pension enjoyment for employees specified in Clause 1, Article 2 of this Law.

Article 60. One-time social insurance

1. Employees specified in Clause 1, Article 2 of this Law, upon request, are entitled to one-time social insurance benefits if they fall into one of the following cases:

a) Having reached the retirement age as prescribed in Clauses 1, 2 and 4, Article 54 of this Law but have not yet paid full 20 years of payment of social insurance premiums or under the provisions of Clause 3, Article 54 of this Law but have not had full 15 years; pay social insurance premiums and do not continue to participate in voluntary social insurance;

b) Going abroad to settle down;

c) Persons suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS and other diseases as prescribed by the Ministry of Health. economic;

d) In the case that the employees specified at Points dd and e, Clause 1, Article 2 of this Law, when serving, demobilizing or resigning from work, are not eligible for pension enjoyment.

2. The lump-sum social insurance enjoyment rate is calculated according to the number of years of paying social insurance premiums, for each year is calculated as follows:

a) 1,5 months the average monthly salary on which social insurance premiums are based for the years of payment before 2014;

b) 02 months the average monthly salary on which social insurance premiums are based for the years of payment from 2014 onwards;

c) If the period of payment of social insurance premiums is less than one year, the social insurance allowance shall be equal to the paid amount, and the maximum level is equal to 02 months of the average monthly salary on which social insurance premiums are based.

3. The lump-sum social insurance allowance prescribed in Clause 2 of this Article does not include the amount of money the State supports to pay voluntary social insurance premiums, except for the case specified at Point c, Clause 1 of this Article.

4. The time for calculating one-time social insurance benefits is the time stated in the decision of the social insurance agency.

Article 61. Reservation of social insurance premium payment period

When an employee resigns but has not yet satisfied the conditions for enjoying pension as prescribed in Articles 54 and 55 of this Law or has not yet enjoyed lump-sum social insurance as prescribed in Article 60 of this Law, his/her time limit shall be reserved. social insurance payment period.

Article 62. Average monthly salary on which social insurance premiums are based for calculation of pensions and lump-sum allowances

1. For employees subject to the salary regime prescribed by the State and having the entire period of paying social insurance premiums under this salary regime, the average monthly salary of the number of years of paying social insurance premiums shall be calculated. before retiring as follows:

a) When participating in social insurance before January 01, 01, the average monthly salary on which social insurance premiums are based of the last 1995 years before retirement;

b) Participating in social insurance for the period from January 01, 01 to December 1995, 31, the average monthly salary on which social insurance premiums are based for the last 12 years before retirement;

c) Participating in social insurance for the period from January 01, 01 to December 2001, 31, the average monthly salary on which social insurance premiums are based for the last 12 years before retirement;

d) Participating in social insurance for the period from January 01, 01 to December 2007, 31, the average monthly salary on which social insurance premiums are based for the last 12 years before retirement;

dd) When participating in social insurance from January 01, 01 to December 2016, 31, the average monthly salary on which social insurance premiums are based for the last 12 years before retirement;

e) Participating in social insurance from January 01, 01 to December 2020, 31, the average monthly salary on which social insurance premiums are based of the last 12 years before retirement;

g) Participating in social insurance from January 01, 01 onward, the average of the monthly salary on which social insurance premiums are based for the entire period.

2. An employee who has paid social insurance premiums for the entire period according to the salary regime decided by the employer shall calculate the average monthly salary on which social insurance premiums are based for the entire period.

3. The employee both has time to pay social insurance premiums subject to the salary regime prescribed by the State and also has time to pay social insurance premiums according to the salary regime decided by the employer. If determined, the average monthly salary on which social insurance premiums are based shall be calculated for all periods, in which the period of payment according to the salary regime prescribed by the State is calculated on the average of the monthly salary on which social insurance premiums are based as prescribed in Clause 1 of this Article. Clause XNUMX of this Article.

4. The Government shall detail this Article.

Article 63. Adjustment of salary for which social insurance premiums have been paid

1. The salary for which social insurance premiums have been paid as a basis for calculating the average monthly salary on which social insurance premiums are based for the employees specified in Clause 1, Article 89 of this Law, shall be adjusted according to the base salary in the time to enjoy the retirement regime for employees participating in social insurance before January 01, 01.

For employees who start participating in social insurance from January 01, 01 onwards, the salary for which social insurance premiums have been paid shall be used as a basis for calculating the adjusted average monthly salary on which social insurance premiums are based. as provided for in Clause 2016 of this Article.

2. The salary for which social insurance premiums have been paid as a basis for calculating the average monthly salary on which social insurance premiums are based for employees specified in Clause 2, Article 89 of this Law, are adjusted on the basis of the price index. consumption of each period according to the Government's regulations.

Article 64. Suspending and continuing to enjoy monthly pensions and social insurance allowances

1. Persons on monthly pension or social insurance allowance shall be suspended from enjoying their monthly pension or social insurance allowance in one of the following cases:

a) Illegal exit;

b) Being declared missing by the Court;

c) There are grounds to determine that the enjoyment of social insurance is not in accordance with the provisions of law.

2. The monthly pension and social insurance allowance shall continue to be paid when the people on exit return to lawfully settle down in accordance with the law on residence. In case there is a legally effective court decision to annul the decision on declaration of disappearance, in addition to continuing to enjoy pensions and allowances, they are also entitled to arrears of their monthly pensions and social insurance allowances from the date of death. from the time of discontinuance.

3. The social insurance agency, when deciding to suspend benefits under the provisions of point c, clause 1 of this article, must notify in writing and clearly state the reason. Within 30 days from the date of suspension of entitlement, the social insurance agency must issue a decision on settlement of entitlement; in case of decision to terminate social insurance enjoyment, the reason must be clearly stated.

Article 65. Implementation of the social insurance regime for people who are enjoying their monthly pension or social insurance allowance who go abroad to settle down

1. Persons on monthly pension or social insurance allowance who go abroad to settle down are entitled to a lump-sum allowance.

2. The one-time allowance for pensioners is calculated according to the period of time when social insurance premiums have been paid, in which each year of social insurance premium payment before 2014 is calculated as 1,5 months of the currently enjoying pension, each the year of paying social insurance premiums from 2014 onward is calculated as 02 months of currently enjoying pension; then every month after enjoying the pension, the one-time allowance minus 0,5 month's pension. The lowest level is equal to 03 months of currently enjoying pension.

3. The one-time allowance for a person currently enjoying a monthly social insurance allowance is equal to three months of the current allowance.

Section 5. SURVIVAL MODES

Article 66. Funeral allowance

1. When the following people die, the person taking care of the funeral is entitled to a lump-sum funeral allowance:

a) Employees specified in Clause 1, Article 2 of this Law who are paying social insurance premiums or employees who have reserved the period of social insurance payment but have paid social insurance premiums for full 12 months or more;

b) The employee dies due to a labor accident or occupational disease or dies during treatment due to an occupational accident or disease;

c) Persons on pension; receive monthly labor accident and occupational disease allowance.

2. The funeral allowance is equal to 10 times the base salary in the month in which the person specified in Clause 1 of this Article dies.

3. If the person specified in Clause 1 of this Article is declared dead by a court, his/her relatives are entitled to the funeral allowance specified in Clause 2 of this Article.

Article 67. Cases of monthly survivorship allowance

1. When the persons specified in Clauses 1 and 3, Article 66 of this Law fall into one of the following circumstances, their relatives shall be entitled to a monthly survivorship allowance upon their death:

a) Having paid social insurance premiums for full 15 years or more but have not yet enjoyed one-time social insurance premiums;

b) Being on pension;

c) Death due to occupational accident or occupational disease;

d) Currently enjoying the monthly labor accident or occupational disease allowance with a working capacity decrease of 61% or more.

2. Relatives of the people specified in Clause 1 of this Article are entitled to a monthly survivorship allowance, including:

a) The child is under 18 years old; children aged full 18 years or older if their working capacity is reduced by 81% or more; the child is born when the father dies while the mother is pregnant;

b) Wife is full 55 years old or husband is full 60 years old or older; wife under 55 years old, husband under 60 years old if working capacity decline is 81% or more;

c) Natural father, natural mother, biological father of the wife or husband's biological father, biological mother of the husband's wife or biological mother, other family members that the social insurance participant is obliged to raise according to the provisions of law. provisions of the law on marriage and family if they are full 60 years old for men, and 55 years old or older for women;

d) Natural father, natural mother, biological father of the wife or husband's biological father, biological mother of the wife or husband's biological mother, other family members that the social insurance participant is obliged to bring up according to the provisions of law. If you are under 60 years old for men, under 55 years old for women, you have a working capacity decrease of 81% or more according to the law on marriage and family.

3. Relatives specified at Points b, c and d, Clause 2 of this Article must have no income or have a monthly income lower than the basic salary. Incomes prescribed in this Law do not include allowances prescribed by law on incentives for people with meritorious services.

4. The time limit for requesting the examination and assessment of working capacity decrease in order to enjoy the monthly survivorship allowance is as follows:

a) Within 04 months from the date of death of the social insurance participant, the aspirant must submit an application;

b) Within 04 months before or after the time when the relatives specified at Point a, Clause 2 of this Article expires the time limit for enjoying benefits as prescribed, the aspirants must submit an application.

Article 68. Monthly survivorship allowance

1. The monthly survivorship allowance for each relative is equal to 50% of the base salary; In case the relative has no person to directly take care of, the monthly survivorship allowance is equal to 70% of the base salary.

2. In case a person dies falling under the subjects specified in Clause 1, Article 67 of this Law, the number of relatives entitled to monthly survivorship allowance must not exceed 04; in case of 02 or more deaths, their relatives are entitled to 02 times the allowance specified in Clause 1 of this Article.

3. The time to enjoy the monthly survivorship allowance is from the month immediately following the month in which the subjects specified in Clauses 1 and 3, Article 66 of this Law die. In case the father dies while the mother is pregnant, the time to enjoy the child's monthly survivorship allowance is counted from the month the child is born.

Article 69. Cases of enjoying lump-sum survivorship allowance

The persons specified in Clauses 1 and 3, Article 66 of this Law who fall into one of the following circumstances, upon their death, their relatives shall be entitled to a lump-sum survivorship allowance:

1. The employee's death does not fall into the cases specified in Clause 1, Article 67 of this Law;

2. The employee dies in one of the cases specified in Clause 1, Article 67 but has no relatives to enjoy the monthly survivorship allowance specified in Clause 2, Article 67 of this Law;

3. Relatives eligible for monthly survivorship allowance as prescribed in Clause 2, Article 67 wish to enjoy lump-sum survivorship allowance, except for children under 06 years of age, children or spouses whose capacity has been reduced. employees from 81% or more;

4. In case an employee dies without a relative specified in Clause 6, Article 3 of this Law, the lump-sum survivorship allowance shall be made in accordance with the law on inheritance.

Article 70. One-time survivorship allowance

1. The one-time survivorship allowance for relatives of employees who are participating in social insurance or employees who have reserved the period of social insurance payment is calculated according to the number of years of paying social insurance premiums, every year. each year is equal to 1,5 months of the average monthly salary on which social insurance premiums are based for the years of paying social insurance premiums before 2014; equal to 02 months of the average monthly salary on which social insurance premiums are based for the years of paying social insurance premiums from 2014 onwards; the lowest level is equal to 03 months of the average monthly salary on which social insurance premiums are based. The average monthly salary on which social insurance premiums are based as a basis for calculating the lump-sum survivorship allowance shall comply with the provisions of Article 62 of this Law.

2. The one-time survivorship allowance for the relatives of the person currently enjoying the pension who dies is calculated according to the time of enjoying the pension. If he/she dies within the first 02 months of receiving the pension, it is calculated as 48 months of the currently enjoying pension; If you die in the following months, for every additional 01 month of pension, the allowance will be reduced by 0,5 months of pension, the lowest level is equal to 03 months of currently enjoying pension.

3. The base salary used to calculate the one-time survivorship allowance is the base salary in the month in which the person specified in Clauses 1 and 3, Article 66 of this Law dies.

Article 71. Retirement and survivorship regime for people who have both time to pay compulsory social insurance and time to pay voluntary social insurance

1. The retirement and survivorship regime for employees who both have time to pay compulsory social insurance premiums and have time to pay voluntary social insurance premiums are implemented as follows:

a) Having paid compulsory social insurance for full 20 years or more, the conditions and level of pension enjoyment shall comply with the compulsory social insurance policy; the lowest monthly pension equal to the base salary, except for the subjects specified at Point i, Clause 1, Article 2 of this Law;

b) Having paid compulsory social insurance for full 15 years or more, the monthly survivorship allowance shall be paid according to the compulsory social insurance policy;

c) Having paid compulsory social insurance for full 12 months or more, the funeral allowance shall comply with the compulsory social insurance policy.

2. The Government shall detail this Article.

Chapter IV

VOLUNTARY SOCIAL INSURANCE

Section 1. REFERENCES

Article 72. Subjects of application of the retirement regime

Subjects to the retirement regime and participating in voluntary social insurance are employees specified in Clause 4, Article 2 of this Law.

Article 73. Conditions for pension enjoyment

1. An employee is entitled to pension when fully meeting the following conditions:

a) Full 60 years old for men, full 55 years old for women;

b) Full 20 years of paying social insurance premiums or more.

2. Employees who have fully met the age conditions specified at Point a, Clause 1 of this Article but have paid social insurance premiums for less than 20 years, may pay until full 20 years to enjoy their pension.

Article 74. Monthly pension rate

1. From the effective date of this Law until January 01, 01 the monthly pension of employees who fully meet the conditions specified in Article 2018 of this Law is equal to 73% of the average income. the month of paying social insurance premiums specified in Article 45 of this Law corresponds to 79 years of paying social insurance premiums; then, for every additional year, 15% for men and 2% for women; up to 3%.

2. From January 01, 01, the monthly pension of employees who fully meet the conditions specified in Article 2018 of this Law is equal to 73% of the average monthly income for which social insurance premiums are based specified in Article 45 of this Law. 79 of this Law and corresponding to the number of years of paying social insurance premiums as follows:

a) Male employees will retire for 2018 years in 16; 2019 years in 17; 2020 years in 18; 2021 years in 19; 2022 years from 20 onward;

b) Female employees who retire from 2018 onwards is 15 years.

After that, for each additional year, the employees specified at Points a and b of this Clause shall be charged an additional 2%; up to 75%.

3. The pension adjustment shall comply with the provisions of Article 57 of this Law.

Article 75. One-time allowance upon retirement

1. Employees who have paid social insurance premiums for a period of time higher than the number of years corresponding to the 75% pension enjoyment rate. When they retire, in addition to their pensions, they are also entitled to a lump-sum allowance.

2. The lump-sum allowance is calculated according to the number of years of paying social insurance premiums higher than the number of years corresponding to the 75% pension enjoyment rate. For each year of paying social insurance premiums, it is calculated as 0,5 months of the average rate. monthly income to pay social insurance premiums.

Article 76. Time of pension enjoyment

1. The time to enjoy pensions of the subjects specified in Article 72 of this Law is counted from the month immediately following the month the social insurance participants fully satisfy the conditions for pension enjoyment as prescribed in Article 73 of this Law.

2. The Minister of Labor, War Invalids and Social Affairs shall detail this Article.

Article 77. One-time social insurance

1. Employees specified in Clause 4, Article 2 of this Law, upon request, are entitled to one-time social insurance benefits if they fall into one of the following cases:

a) Satisfy the age requirements as prescribed at Point a, Clause 1, Article 73 of this Law, but have not paid social insurance premiums for full 20 years but do not continue to participate in social insurance;

b) Going abroad to settle down;

c) Persons suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS and other diseases as prescribed by the Ministry of Health. economic.

2. The lump-sum social insurance enjoyment rate is calculated according to the number of years of paying social insurance premiums, for each year is calculated as follows:

a) 1,5 months the average monthly income on which social insurance premiums are based for the years of payment before 2014;

b) 02 months of average monthly income on which social insurance premiums are based for the years of payment from 2014 onwards;

c) In case the period of payment of social insurance premiums is less than one year, the social insurance allowance shall be equal to the paid amount, and the maximum level shall be equal to 02 months of the average monthly income on which social insurance premiums are based.

3. The one-time social insurance allowance of subjects supported by the State shall comply with the provisions of Clause 2 of this Article, excluding the amount of money the State supports to pay voluntary social insurance premiums, unless otherwise specified. at point c, clause 1 of this article.

4. The time for calculating one-time social insurance benefits is the time stated in the decision of the social insurance agency.

5. The implementation of the social insurance regime for employees participating in voluntary social insurance who are enjoying their pensions and going abroad to settle down must comply with the provisions of Clauses 1 and 2, Article 65 of the Law. this.

Article 78. Reservation of social insurance premium payment period, suspension, and continued enjoyment of pensions

1. Employees who stop paying voluntary social insurance premiums but have not yet met the conditions for pension enjoyment as prescribed in Article 73 or have not yet received lump-sum social insurance contributions as prescribed in Article 77 of this Law shall be entitled to their reservation. social insurance payment period.

2. The suspension and continuation of pension enjoyment for voluntary social insurance participants shall comply with the provisions of Article 64 of this Law.

Article 79. Average monthly income on which social insurance premiums are based

1. The average monthly income for which social insurance premiums are based is calculated as the average monthly income for which social insurance premiums are based for the entire payment period.

2. The monthly income for which social insurance premiums have been paid as a basis for calculating the average monthly income for which social insurance premiums are based shall be adjusted on the basis of the consumer price index of each period in accordance with regulations of the Government. Government.

Section 2. SURVIVAL MODES

Article 80. Funeral allowance

1. When the following people die, the person taking care of the funeral is entitled to a funeral allowance:

a) The employee has paid social insurance premiums for full 60 months or more;

b) Persons on pension.

2. The funeral allowance is equal to 10 times the base salary in the month in which the person specified in Clause 1 of this Article dies.

3. In case the person specified in Clause 1 of this Article is declared dead by a court, his/her relatives are entitled to the allowance specified in Clause 2 of this Article.

Article 81. Survivorship allowance

1. Employees who are paying social insurance premiums, employees who are having their social insurance payment period reserved, and those who are on pension upon their death, their relatives will be entitled to a lump-sum survivorship allowance.

2. The one-time survivorship allowance for relatives of employees who are paying social insurance premiums or having their period of social insurance premium payment reserved is calculated according to the number of years of paying social insurance premiums, each year calculated by 1,5 months the average monthly income on which social insurance premiums are based specified in Article 79 of this Law for the years of paying social insurance premiums before 2014; equal to 02 months of the average monthly income on which social insurance premiums are based for the years of payment from 2014 onwards.

If the employee has paid social insurance premiums for less than one year, the one-time survivorship allowance equal to the paid amount but the maximum level is equal to 02 months of the average monthly income on which social insurance premiums are based; in case the employee has both compulsory and voluntary social insurance payment periods, the lump-sum survivorship allowance shall be at least equal to 03 months' average salary and monthly income on which social insurance premiums are based.

3. The one-time survivorship allowance for relatives of the person currently enjoying the pension who dies is calculated according to the time of enjoying the pension. If he dies within the first 02 months of receiving the pension, it is equal to 48 months of the currently enjoying pension; in case of death in the following months, for every additional 01 month of pension, the allowance will be reduced by 0,5 month of pension.

Chapter V

SOCIAL INSURANCE FUND

Article 82. Sources of social insurance fund formation

1. Employers pay according to the provisions of Article 86 of this Law.

2. Employees pay according to the provisions of Article 85 and Article 87 of this Law.

3. Profits from investment activities from the fund.

4. State support.

5. Other lawful sources of income.

Article 83. Component funds of the social insurance fund

1. Sickness and maternity fund.

2. Occupational accident and disease fund.

3. Pension and survivorship fund.

Article 84. Use of social insurance funds

1. To pay social insurance benefits to employees according to the provisions of Chapters III and IV of this Law.

2. To pay health insurance premiums for people who are on pension or on leave to enjoy monthly labor accident or occupational disease allowance or take leave to enjoy maternity allowance when giving birth or adopting a child or taking leave from work to enjoy benefits. sickness allowance for employees suffering from diseases on the list of diseases requiring long-term treatment promulgated by the Ministry of Health.

3. Social insurance management expenses as prescribed in Article 90 of this Law.

4. Pay the fee for assessment of working capacity decrease in case the employer does not refer the patient for assessment of working capacity decrease but the results of the assessment are eligible for the insurance regime. social insurance.

5. Invest to preserve and grow the fund according to the provisions of Articles 91 and 92 of this Law.

Article 85. Payment rate and mode of payment of employees participating in compulsory social insurance

1. The employees specified at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law shall pay monthly contributions equal to 8% of their monthly salary to the retirement and survivorship fund.

The employee specified at point i, clause 1, Article 2 of this Law, shall make monthly contributions equal to 8% of the base salary to the retirement and survivorship fund.

2. For employees specified at Point g, Clause 1, Article 2 of this Law, the payment rate and payment method are prescribed as follows:

a) The monthly payment to the retirement and survivorship fund is equal to 22% of the monthly salary on which the social insurance premium is paid of the employee before going to work abroad, for the employee who has a history of participating in social insurance. compulsory social insurance; equal to 22% of 02 times the base salary for employees who have not yet participated in compulsory social insurance or have participated in compulsory social insurance but have enjoyed one-time social insurance;

b) Payment method is made every 3 months, 06 months, 12 months or paid in advance according to the time limit specified in the contract of sending workers to work abroad. Employees pay directly to the social insurance agency where the employee resides before going to work abroad or through enterprises or non-business organizations sending workers to work abroad.

In case of paying through enterprises or non-business organizations sending workers to work abroad, the enterprises or non-business organizations shall collect and pay social insurance premiums for employees and register the payment method with the insurance agency. social insurance.

In case the employee is granted a contract extension or signs a new labor contract in the receiving country, he/she shall pay social insurance premiums by the method specified in this Article or remit it to the social insurance agency. after returning home.

3. Employees who do not work and do not receive wages for 14 or more working days in a month shall not pay social insurance premiums for that month. This time is not counted to enjoy social insurance, except in case of taking maternity leave.

4. Employees specified at Points a and b, Clause 1, Article 2 of this Law who enter into labor contracts with more than one employer shall only pay social insurance premiums as prescribed in Clause 1 of this Article for employees. with the first signed labor contract.

5. Employees who enjoy product-based or contract-based wages at enterprises, cooperatives, individual business households, and cooperative groups operating in the fields of agriculture, forestry, fishery and salt production, the level pay monthly social insurance premiums as prescribed in Clause 1 of this Article; the closing method is done monthly, every 03 months or every 06 months.

6. In determining the period of social insurance premium payment for calculation of monthly pension and survivorship allowance, a year must be full 12 months; In case the employee meets the conditions for retirement age but the remaining period of social insurance payment is at most 06 months, the employee is entitled to one more payment for the missing number of months with a monthly payment equal to the total premium. of employees and employers according to the monthly salary on which social insurance premiums are based before retiring to the retirement and survivorship fund.

7. The calculation of enjoyment of the retirement and survivorship allowance regimes in case the period of payment of social insurance premiums has odd months is calculated as follows:

a) From 01 month to 06 months is counted as half a year;

b) From 07 months to 11 months is counted as one year.

Article 86. Employers' payment rates and payment methods

1. The employer shall make monthly contributions to the social insurance premium payment fund of the employees specified 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 fund.

2. The employer shall make monthly payments above the base salary for each employee specified 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 fund.

3. The employer shall monthly contribute 14% of the base salary to the retirement and survivorship fund for employees specified at Point i, Clause 1, Article 2 of this Law.

4. Employers are not required to pay social insurance premiums for employees as prescribed in Clause 3, Article 85 of this Law.

5. Employers being enterprises, cooperatives, individual business households or cooperative groups operating in the fields of agriculture, forestry, fishery and salt production shall pay wages by product or by contract. monthly payment as prescribed in Clause 1 of this Article; the closing method is done monthly, every 03 months or every 06 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. Rates and modes of payment of employees participating in voluntary social insurance

1. The employees specified in Clause 4, Article 2 of this Law, must pay 22% of the monthly income selected by the employees to contribute to the retirement and survivorship fund; The minimum monthly income used as a basis for payment of social insurance premiums is equal to the poverty line of rural areas and the highest is 20 times the basic salary.

Based on socio-economic development conditions, state budget capacity in each period, to determine the level of support, beneficiaries and time of implementation of the policy to support social insurance premiums for employees participate in voluntary social insurance.

2. Employees may choose one of the following payment methods:

a) Monthly;

b) Every 03 months;

c) every 06 months;

d) every 12 months;

dd) One-time payment for many subsequent years at a lower rate than the monthly payment or one-time payment for the remaining years with a higher monthly payment than the one prescribed in this Article.

3. The Government shall detail this Article.

Article 88. Suspension of compulsory social insurance payment

1. Suspension of payment to the retirement and survivorship fund is prescribed as follows:

a) In case the employer encounters difficulties and has to suspend production and business, leading to the inability of the employee and the employer to pay social insurance premiums, he/she may suspend the payment to the retirement fund. brain and death within a period not exceeding 12 months;

b) At the end of the period of suspension of payment as prescribed at Point a of this Clause, the employer and employee shall continue to pay social insurance premiums and make compensation for the period of suspension of payment. late payment as prescribed in Clause 3, Article 122 of this Law.

2. If an employee who is participating in compulsory social insurance is temporarily detained, the employee and employer may temporarily stop paying social insurance premiums. In case the competent authority determines that the employee has been unjustly or wrongly detained, the social insurance premium payment will be made for the period of temporary detention. The amount of compensation is not subject to interest on late payment as prescribed in Clause 3, Article 122 of this Law.

3. The Government shall detail this Article and other cases in which compulsory social insurance payment is temporarily suspended.

Article 89. Monthly salary on which the compulsory social insurance premium is based

1. For employees subject to the salary regime prescribed by the State, the monthly salary on which social insurance premiums are based is the salary according to the rank, grade, military rank and position allowances and allowances. seniority beyond the frame, seniority allowance (if any).

For employees specified at Point i, Clause 1, Article 2 of this Law, the monthly salary on which social insurance premiums are based is the base salary.

2. For employees who pay social insurance premiums according to the salary regime decided by the employer, the monthly salary on which social insurance premiums are based is the salary and salary allowance prescribed by the labor law. .

From January 01, 01 onward, the monthly salary on which social insurance premiums are based is the salary, salary allowance and other additional amounts in accordance with the labor law.

3. In case the monthly salary specified in Clauses 1 and 2 of this Article is higher than 20 times the base salary, the monthly salary on which social insurance premiums are based is equal to 20 times the base salary.

4. The Government shall detail the arrears and arrears of monthly salaries on which the compulsory social insurance premiums are based for employees and employers, except for the case specified in Clause 3, Article 122 of this Law.

Article 90. Social insurance management expenses

1. Social insurance management costs are used to perform the following tasks:

a) Propagating and disseminating policies and laws on social insurance; professional training and retraining on social insurance;

b) Reform social insurance procedures, modernize the management system; develop and manage participants and beneficiaries of social insurance;

c) Organize collection and payment of social insurance and operate the apparatus of social insurance agencies at all levels.

2. Funds for performing the tasks specified in Clause 1 of this Article shall be deducted annually from the profit from investment activities from the fund.

Every 03 years, the Government reports to the National Assembly Standing Committee for decision on the level of social insurance management costs.

3. The Prime Minister shall detail Clause 1 of this Article.

Article 91. Investment principles

Investment activities from the social insurance fund must ensure safety, efficiency and recover investment capital.

Article 92. Investment forms

1. Buy Government bonds.

2. Deposit money, buy bonds, promissory notes and certificates of deposit at commercial banks with good operating quality according to the credit rating of the State Bank of Vietnam.

3. Loans to the state budget.

4. The Government shall detail this Article.

Chapter VI

SOCIAL INSURANCE ORGANIZATION AND MANAGEMENT

Article 93. Social insurance agency

1. Social insurance agency is a state agency with the function of implementing social insurance regimes and policies, managing and using social insurance, health insurance and unemployment insurance funds; inspect the payment of social insurance, unemployment insurance, health insurance and other tasks according to the provisions of this Law.

2. The Government shall specify the organization, tasks and powers of the social insurance agency.

Article 94. Social insurance management council

1. The Social Insurance Management Council, organized at the national level, is responsible for directing and supervising the activities of the social insurance agency and advising on social insurance, health insurance and insurance policies. unemployment insurance.

2. The Social Insurance Management Council is composed of representatives of the Vietnam General Confederation of Labor, representative organizations of employers, state management agencies in charge of social insurance, and state management agencies in charge of social insurance. health insurance, Vietnam Social Security and other related organizations.

3. The Social Insurance Management Council has a Chairman, Vice-Chairmen and members appointed, relieved from duty or dismissed by the Prime Minister; The term of office of a member of the Social Insurance Management Council is 05 years.

4. The Government shall detail the working regime, responsibilities and operating expenses of the Social Insurance Management Council.

Article 95. Duties and powers of the Social Insurance Management Council

1. Approve the social insurance industry development strategy, long-term, five-year, annual plan on the implementation of social insurance, health insurance, unemployment insurance, conservation and growth of social insurance, health insurance and unemployment insurance funds.

To supervise and inspect the implementation of the strategies, plans and schemes by the social insurance agency after they are approved.

2. To propose competent state agencies to elaborate, amend and supplement policies and laws on social insurance, health insurance, unemployment insurance, social insurance development strategies, consolidating the organizational system of social insurance agencies, the mechanism of management and use of social insurance, health insurance and unemployment insurance funds.

3. To decide and take responsibility before the Government for investment forms and investment structure of social insurance, health insurance, and unemployment insurance funds at the request of the social insurance agency. festival.

4. Approving annual reports on the implementation of social insurance, health insurance, unemployment insurance regimes, management and use of social insurance and health insurance funds, unemployment insurance before the Vietnam Social Security submits it to the competent authority.

5. Approving annual estimates on revenue and expenditure of social insurance, health insurance and unemployment insurance funds; the level of management costs for social insurance, health insurance and unemployment insurance before the Vietnam Social Security submits it to the competent authority.

6. Annually, report to the Prime Minister on the performance of tasks and powers according to regulations and operation results.

7. To perform other tasks and exercise other powers assigned by the Prime Minister.

Chapter VII

PROCEDURES FOR SOCIAL INSURANCE IMPLEMENTATION

Section 1. ORDER AND PROCEDURES FOR SOCIAL INSURANCE PARTICIPATION

Article 96. Social insurance book

1. The social insurance book issued to each employee to monitor the payment and enjoyment of social insurance regimes is the basis for settlement of social insurance regimes in accordance with this Law.

2. By 2020, the social insurance book will be replaced by the social insurance card.

3. The Government shall prescribe the order and procedures for participating in and settling social insurance regimes by means of electronic transactions.

Article 97. Dossier for registration of participation and issuance of social insurance books

1. An application file for registration of social insurance participation for the first time includes:

a) The employer's declaration of participation in social insurance, enclosed with the list of employees participating in social insurance;

b) Declaration of participation in social insurance of employees.

2. A dossier for re-issuance of a social insurance book in case of damage or loss includes:

a) An application form for re-issuance of the social insurance book of the employee;

b) The social insurance book in case of damage.

3. The Government shall stipulate procedures and dossiers for participation and issuance of social insurance books for the subjects specified at Point e, Clause 1, Article 2 of this Law.

Article 98. Adjustment of information on participation in social insurance

1. The employer must notify in writing the social insurance agency when there is a change in information about participation in social insurance.

2. Dossier for adjustment of personal information of employees participating in social insurance includes:

a) Declaration for adjustment of personal information;

b) Social insurance book;

c) Copies of papers of competent state agencies related to the adjustment of personal information as prescribed by law.

Article 99. Settlement of registration for participation and issuance of social insurance books

1. The settlement of registration for first-time social insurance participation is as follows:

a) Within 30 days from the date of signing the labor contract, working contract or recruitment, the employer shall submit the dossier specified in Clause 1, Article 97 of this Law to the social insurance agency. ;

b) The employee participating in voluntary social insurance shall submit the dossier specified at Point b, Clause 1, Article 97 of this Law to the social insurance agency.

2. The employee shall submit the application for re-issuance of the social insurance book according to the provisions of Clause 2, Article 97 of this Law to the social insurance agency.

3. The social insurance agency shall issue the social insurance book within the following time limit:

a) 20 days from the date of receipt of complete dossiers as prescribed for first-time participants of compulsory social insurance;

b) 07 days from the date of receipt of complete dossiers as prescribed for first-time voluntary social insurance participants;

c) 15 days from the date of receipt of a complete application as prescribed in case of re-issuance of the social insurance book; in case the verification process of social insurance premium payment time is complicated, it shall not exceed 45 days. In case of refusal, it must reply in writing and clearly state the reason;

d) 10 days from the date of receipt of a complete dossier as prescribed, in case of adjustment of information about employees' participation in social insurance, the social insurance agency must re-issue the social insurance book. In case of failure to settle, it must reply in writing and clearly state the reason.

4. The Minister of Labor, War Invalids and Social Affairs shall detail the order and procedures for participation and settlement of the social insurance regime for employees specified at Point b, Clause 1, Article 2 of this Law.

Section 2. ORDER AND PROCEDURES FOR SETTLEMENT OF SOCIAL INSURANCE POLICY

Article 100. Dossier for enjoying the sickness regime

1. The original or a copy of the hospital discharge paper for the employee or the employee's children undergoing inpatient treatment. In case the employee or the employee's children receive outpatient treatment, they must have a certificate of leave of absence enjoying social insurance.

2. In case the employee or the employee's child receives medical examination and treatment abroad, the dossier specified in Clause 1 of this Article shall be replaced with a Vietnamese translation of the medical examination and treatment paper issued by the medical examination and treatment establishment. , overseas medical treatment.

3. The list of employees taking leave to enjoy the sickness regime made by the employer.

4. The Minister of Health shall stipulate the form, order and competence to issue the certificate of leave for social insurance, hospital discharge certificate and the paper forms specified at Points c, d and dd, Clause 1, Article 101 of this Decree. This law.

Article 101. Dossier for enjoying the maternity regime

1. Dossiers for enjoying maternity benefits for female employees giving birth include:

a) A copy of the child's birth certificate or birth certificate;

b) A copy of the child's death certificate in case the child dies, a copy of the mother's death certificate in case the mother dies after giving birth;

c) A certificate from a competent medical examination and treatment facility that the mother is no longer healthy enough to take care of the child after giving birth;

d) A copy of the mother's medical record or hospital discharge paper in case the child dies after giving birth without a birth certificate;

dd) A certificate from a competent medical facility that the female employee must take time off work to take care of her pregnancy, for the case specified in Clause 3, Article 31 of this Law.

2. In case female employees go for antenatal care, miscarriage, curettage, abortion, stillbirth or pathological abortion, the employee taking contraceptive measures as prescribed in Clause 1, Article 37 of this Law must have Certificate of leave for social insurance for outpatient treatment, original or copy of hospital discharge paper for inpatient treatment.

3. In case the employee adopts a child under the age of 06 months, an adoption certificate is required.

4. In case a male employee quits his job when his wife gives birth to a child, he/she must have a copy of the birth certificate or a copy of the child's birth certificate and the certification of the medical facility, for the case of having a child requiring surgery or giving birth under 32 weeks old.

5. The list of employees taking leave to enjoy the maternity regime made by the employer.

Article 102. Settlement of sickness and maternity benefits

1. Within 45 days from the date of return to work, the employee is responsible for submitting the documents specified in Clauses 1 and 2, Article 100, and Clauses 1, 2, 3 and 4, Article 101 of this Law to the employees. employer.

In case the employee quits his job before the time of childbirth or child adoption, he/she shall submit the dossier specified in Clauses 1 and 3, Article 101 of this Law and present the social insurance book to the social insurance agency.

2. Within 10 days after receiving a complete dossier from the employee, the employer shall compile the dossier specified in Articles 100 and 101 of this Law and submit it to the social insurance agency.

3. Responsibilities of the social insurance agency:

a) Within 10 days from the date of receipt of a complete dossier as prescribed from the employer, the social insurance agency must settle and organize payment to the employee;

b) Within 05 working days from the date of receipt of a complete dossier as prescribed from the employee who resigns before the time of childbirth or child adoption, the social insurance agency must settle and organize payment for workers.

4. In case the social insurance agency does not settle, it must reply in writing and clearly state the reason.

Article 103. Settlement of benefits for convalescence and health rehabilitation after illness and maternity

1. Within 10 days from the date the employee is eligible for the allowance for convalescence and health rehabilitation after illness or maternity, the employer shall make a list and submit it to the social insurance agency. .

2. Within 10 days from the date of receipt of a complete dossier as prescribed, the social insurance agency shall settle and organize payment to the employee; in case of not being resolved, it must reply in writing and clearly state the reason.

Article 104. Dossier for enjoyment of the occupational accident regime

1. Social insurance book.

2. Minutes of investigation of occupational accidents, in case a traffic accident is determined as an occupational accident, there must be a record of traffic accident or a record of scene examination and a diagram of the accident scene. traffic accident.

3. Hospital discharge certificate after receiving treatment for occupational accidents.

4. Minutes of assessment of working capacity decrease of the Medical Assessment Council.

5. Written request for settlement of the occupational accident regime.

Article 105. Dossier for enjoyment of occupational disease regime

1. Social insurance book.

2. Minutes of environmental measurement with hazardous elements, if the record is determined for more than one person, a copy of each employee's dossier shall be included.

3. A hospital discharge certificate after treatment for an occupational disease. In case of not being treated at the hospital, an occupational disease examination certificate is required.

4. Minutes of assessment of working capacity decrease of the Medical Assessment Council.

5. Written request for settlement of occupational disease regime.

Article 106. Settlement of benefits for occupational accidents and diseases

1. Employers shall submit dossiers to the social insurance agency as prescribed in Articles 104 and 105 of this Law.

2. Within 15 days from the day on which the complete application is received, the social insurance agency shall have to settle the enjoyment of the occupational accident and occupational disease regime; in case of not being resolved, it must reply in writing and clearly state the reason.

Article 107. Settlement of benefits for convalescence and health rehabilitation after occupational accidents and occupational diseases

1. Employers make a list of people who have enjoyed the occupational accident or occupational disease regime but their health has not yet recovered and submit it to the social insurance agency.

2. Within 15 days after receiving a complete dossier as prescribed, the social insurance agency is responsible for settling the convalescence and health rehabilitation regime for the employee and transferring money to the employer. labor; in case of not being resolved, it must reply in writing and clearly state the reason.

3. Within 10 days from the date of receiving the money transferred by the social insurance agency, the employer is responsible for paying the allowance to the employee.

Article 108. Dossier for pension enjoyment

1. Dossier for pension enjoyment for employees participating in compulsory social insurance include:

a) Social insurance book;

b) The decision to retire to enjoy the retirement regime or the document to terminate the labor contract to enjoy the retirement regime;

c) Minutes of assessment of working capacity decline by the Medical Assessment Council for retirees as prescribed in Article 55 of this Law or a certificate of HIV/AIDS infection due to occupational accidents and risks. for the case of employees specified in Article 54 of this Law.

2. Dossier for pension enjoyment for employees participating in voluntary social insurance and those who have reserved their time of participation in social insurance, including those serving prison sentences, include:

a) Social insurance book;

b) An application for pension enjoyment;

c) A power of attorney to carry out the procedures for settling the retirement regime and receiving pensions, for persons currently serving prison sentences;

d) A document of a competent state agency on the return to the country of lawful settlement in case of illegal exit;

d) A legally effective court decision to annul the decision to declare a missing person in case the missing person returns.

Article 109. Dossier for one-time social insurance benefits

1. Social insurance book.

2. The employee's application for a lump-sum social insurance benefit.

3. For people going abroad to settle down, they must submit a copy of the certification of the competent authority on 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) A visa issued by a competent foreign agency with confirmation of the entry permit for the reason of overseas settlement;

c) Papers certifying that they are carrying out procedures for naturalization of a foreign country; certification papers or permanent residence cards with a term of 05 years or more, issued by a competent foreign agency.

4. Copies of medical records in the cases specified at Point c, Clause 1, Article 60 and Point c, Clause 1, Article 77 of this Law.

5. For employees specified in Article 65 and Clause 5, Article 77 of this Law, the dossier for enjoying one-time allowance shall comply with the provisions of Clauses 2 and 3 of this Article.

Article 110. Settlement of one-time pension and social insurance benefits

1. Within 30 days by the time the employee is entitled to pension, the employer shall submit the dossier specified in Clause 1, Article 108 of this Law to the social insurance agency.

2. Within 30 days up to the time when the employee is entitled to pension, the employee is reserving the period of social insurance payment, the social insurance participant voluntarily submits the dossier specified in Clause 2 Article 108 of this Law for the social insurance agency.

3. Within 30 days from the time when the employee fully meets the conditions and makes a claim to enjoy the lump-sum social insurance, he/she submits the dossier specified in Article 109 of this Law to the social insurance agency.

4. Within 20 days from the date of receipt of a complete dossier as prescribed for pensioners or within 10 days from the date of receipt of a complete dossier as prescribed in the case of one-time social insurance beneficiaries. times, the social insurance agency is responsible for settling and organizing payments to employees; in case of not being resolved, it must reply in writing and clearly state the reason.

Article 111. Dossier for enjoying the survivorship regime

1. A dossier of enjoyment of the survivorship regime for a person currently paying social insurance premiums and a person who has reserved the period of social insurance premium payment includes:

a) Social insurance book;

b) A copy of the death certificate or death notice or a copy of the legally effective court decision declaring dead;

c) The declaration of relatives and meeting minutes of the relatives, for the case where they are eligible for monthly benefits but choose to enjoy a lump-sum survivorship allowance;

d) Minutes of occupational accident investigation, in case a traffic accident is determined as an occupational accident, there must be a record of traffic accident or a record of scene examination and a diagram of the accident scene. traffic accidents specified in Clause 2, Article 104 of this Law; a copy of the medical record of occupational disease treatment in case of death due to an occupational disease;

dd) Minutes of assessment of working capacity decrease for relatives with working capacity decrease of 81% or more.

2. Dossier for enjoying the survivorship regime of the person currently enjoying or the person who is temporarily suspended from enjoying the monthly pension or occupational accident or occupational disease allowance includes:

a) A copy of the death certificate or death notice or the court's decision declaring dead that has taken legal effect;

b) The declaration of relatives and meeting minutes of the relatives, for cases where they are eligible for monthly benefits but choose to enjoy a lump-sum survivorship allowance;

c) Minutes of assessment of working capacity decrease for relatives with working capacity decrease of 81% or more.

Article 112. Settlement of survivorship benefits

1. Within 90 days from the date on which the person who has reserved the period of social insurance premium payment, the person participating in voluntary social insurance, the person who is enjoying the monthly pension, occupational accident or occupational disease allowance, dies then their relatives shall submit the dossier specified in Article 111 of this Law to the social insurance agency.

Within 90 days from the date on which the employee who is paying compulsory social insurance premiums dies, 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 from the day on which the complete application is received, the social insurance agency shall settle and organize payment to the employee's relatives. In case of failure to settle, it must reply in writing and clearly state the reason.

Article 113. Dossiers for continued enjoyment of monthly pensions and social insurance allowances for persons who illegally exit the country, return to their country of lawful settlement, and returnees who have been declared missing by the Court

1. An application form for continued enjoyment of monthly pension or social insurance allowance.

2. Document of a competent state agency on the return to the country of lawful settlement, for the person who illegally exits and returns to the country of lawful settlement.

3. The legally effective court's decision annulling the decision to declare missing has taken legal effect.

Article 114. Settlement of continued enjoyment of monthly pensions and social insurance allowances for persons who illegally exit the country, return to their country of lawful settlement, and return by court declared missing.

1. The employee submits the dossier specified in Article 113 of this Law to the social insurance agency.

2. Within 15 days from the day on which the complete application is received, the social insurance agency shall have to settle it; in case of not being resolved, it must reply in writing and clearly state the reason.

Article 115. Relocation of pension or social insurance allowance

Persons on monthly pension or social insurance allowance who move to another place in the country and wish to enjoy social insurance in a new place of residence shall submit an application to the social insurance agency of the place where they are currently enjoying it.

Within 05 working days from the date of receipt of the application, the social insurance agency shall have to settle it; in case of not being resolved, it must reply in writing and clearly state the reason.

Article 116. The settlement of social insurance benefits is delayed compared to the prescribed time limit

1. In case the time limit specified in Clauses 1 and 2, Article 102, Clause 1, Article 103, Clauses 1 and 2, Article 110, and Clauses 1 and 2 Article 112 of this Law is exceeded, a written explanation must be provided. .

2. In case the application for and settlement of social insurance benefits is delayed compared with the prescribed time limit, causing damage to the legitimate rights and interests of the beneficiaries, compensation must be made in accordance with law, except cases due to the fault of the employee or the employee's family member who is entitled to the social insurance regime.

Article 117. Dossier and order of examination and assessment of working capacity decrease to settle the social insurance regime

1. Dossiers and order of examination and assessment of working capacity decrease to settle the social insurance regime shall be prescribed by the Minister of Health.

2. The examination and assessment of the level of working capacity decrease must ensure accuracy, publicity and transparency. The Medical Assessment Council is responsible for the accuracy of its assessment results in accordance with law.

Chapter VIII

COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS ON SOCIAL INSURANCE

Article 118. Complaints about social insurance

1. Employees, people who are enjoying their monthly pension or social insurance allowance, people who are having their social insurance payment period reserved and other people have the right to request competent agencies, organizations and individuals the right to review decisions and acts of agencies, organizations or individuals when there are grounds to believe that such decisions or acts violate the law on social insurance, infringe upon the legitimate rights and interests of me.

2. Employers have the right to request competent agencies, organizations and individuals to review decisions and acts of agencies, organizations and individuals when having grounds to believe that decisions or acts that violates the law on social insurance, infringes upon their legitimate rights and interests.

Article 119. Order of settlement of complaints about social insurance

1. The settlement of complaints about administrative decisions and acts on social insurance shall comply with the provisions of the law on complaints.

2. For the settlement of complaints about social insurance decisions or acts that do not fall into the case specified in Clause 1 of this Article, the complainant has the right to choose one of the following two forms:

a) Complain for the first time to the agency, the person who has made the decision or the person committing the violation. In case the agency or person having complained about the social insurance decision or act no longer exists, the district-level state management agency in charge of labor shall have to settle it;

b) Initiating a lawsuit at the Court as prescribed by law.

3. Where the complainant specified at Point a, Clause 2 of this Article disagrees with the first-time complaint settlement decision or the complaint is not settled beyond the prescribed time limit, he/she has the right to initiate a lawsuit at a court. or make a complaint to the provincial labor authority.

In case the complainant disagrees with the complaint settlement decision of the provincial labor authority or the complaint is not settled beyond the prescribed time limit, he/she has the right to initiate a lawsuit at the Court.

4. The statute of limitations for complaints and the time limit for complaint settlement shall comply with the provisions of the law on complaints.

Article 120. Denunciation and settlement of denunciations about social insurance

The denunciation and settlement of denunciations of violations of the law on social insurance shall comply with the law on denunciations.

Article 121. Competence to impose penalties for administrative violations, fine levels and remedial measures in the fields of social insurance, health insurance and unemployment insurance

1. The authority of the social insurance agency includes:

a) The General Director of Vietnam Social Security has the authority prescribed in Clause 4, Article 46 of the Law on Handling of Administrative Violations;

b) The provincial social insurance director has the authority as prescribed in Clause 2, Article 46 of the Law on Handling of Administrative Violations;

c) The head of a specialized inspection team established under the decision of the General Director of Vietnam Social Security has the authority as prescribed in Clause 3, Article 46 of the Law on Handling of Administrative Violations.

2. Persons competent to sanction administrative violations specified in Clause 1 of this Article may assign their deputies to handle administrative violations.

3. Maximum fine levels for social insurance, health insurance, unemployment insurance, sanctioning forms, remedial measures, procedures for sanctioning administrative violations and regulations Other relevant regulations on sanctioning of administrative violations shall comply with the provisions of 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 the provisions of this Law shall, depending on the nature and seriousness of their violations, be administratively sanctioned; if causing damage, they must compensate according to the provisions of law.

2. Individuals who commit acts of violating the provisions of this Law shall, depending on the nature and seriousness of their violations, be administratively sanctioned, disciplined or examined for penal liability; if causing damage, they must compensate according to the provisions of law.

3. Employers who commit violations specified in Clauses 1, 2 and 3, Article 17 of this Law for 30 days or more, in addition to having to pay the unpaid or late payment amounts in full, and be handled according to regulations. According to the provisions of law, the interest must be paid twice the average investment interest rate of the social insurance fund of the preceding year, calculated on the amount and time of late payment; if it fails to do so, at the request of a competent person, the bank, other credit institution, the State Treasury shall be responsible for deducting from the employer's deposit account to pay the unpaid, late payment amount. payment and interest of this amount to the account of the social insurance agency.

Chapter IX

TERMS ENFORCEMENT

Article 123. Transitional provisions

1. The provisions of this Law shall apply to people who have participated in social insurance before the effective date of this Law.

2. People who are enjoying their pension before January 01, 01, people who are enjoying pensions, allowances for loss of working capacity, labor accidents, occupational diseases, monthly survivorship allowance, and monthly allowances for cadres Communes, wards or townships who have quit their jobs, people whose benefit period has expired and are currently receiving monthly allowances, and people whose social insurance benefits are suspended due to law violations before the effective date of this Law may still apply. comply with the previous regulations and be adjusted to the level of benefits.

3. Employees who have paid social insurance premiums including regional allowances for a period of time, apart from pensions, lump-sum social insurance and survivorship allowances, shall be entitled to a lump-sum regional allowance; Persons who are enjoying monthly pension, working capacity loss allowance, labor accident or occupational disease allowance and are enjoying monthly regional allowance at their place of permanent residence with regional allowance shall continue to enjoy them.

4. Persons enjoying the regime of spouses or husbands at Vietnamese representative missions abroad participate in compulsory social insurance with two pension and survivorship regimes; Employees who take leave due to illness on the List of diseases requiring long-term treatment promulgated by the Ministry of Health and are enjoying sickness benefits before the effective date of this Law shall comply with the Government's regulations.

5. Persons who are enjoying monthly pensions, allowances for loss of working capacity, labor accidents or occupational diseases before the effective date of this Law, when they die, they shall be entitled to the survivorship allowance prescribed in this Law.

6. Employees who have worked in the state sector before January 01, 01, if they are eligible for benefits but have not yet received severance allowance or lump-sum allowance, demobilization allowance, or service duty, that time is counted as the time of paying social insurance premiums. The calculation of the working time before January 1995, 01 to enjoy social insurance shall comply with the previous documents on calculating the working time before January 01, 1995 to enjoy the social insurance of the employee. cadres, civil servants, public employees, workers, soldiers, and people's police.

7. Annually, the State transfers an amount of funding from the state budget into the social insurance fund to ensure full payment of pensions and social insurance allowances for pensioners and social insurance allowance beneficiaries before the date of payment. January 01, 01; pay social insurance premiums for the working period before January 1995, 01, for the person specified in Clause 01 of this Article.

8. Employees who are eligible and enjoy social insurance regimes before the effective date of this Law shall still comply with the provisions of the Law on Social Insurance No. 71/2006/QH11.

9. Persons receiving pensions, social insurance allowances or monthly allowances and currently entering into labor contracts are not eligible to participate in compulsory social insurance.

10. The Government shall detail this Article.

Article 124. Enforcement

1. This Law takes effect from January 01, 01, except for the provisions at Point b, Clause 2016 and Clause 1, Article 2 of this Law. It takes effect from January 2, 01.

2. The Law on Social Insurance No. 71/2006/QH11 shall cease to be effective from the effective date of this Law.

Article 125. Detailed provisions

The Government and competent agencies shall detail the articles and clauses assigned in the Law.

This Law was passed on November 8, 20 by the National Assembly of the Socialist Republic of Vietnam, term XIII, 11th session.