Luật
bảo hiểm xã hội (hiệu
lực 01/01/2007)
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National Assembly |
The Indepence-Freedom-Hapiness |
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Law No: 71/2006/QH11 |
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The National Assembly,
the
XI,
session 9th
From 16 May to 29 June 2006
social
insurance law
Pursuant the Constitution of the Socialist
Republic of Vietnam in 1992 which was revised on 25 December 2001 in accordance
with the Resolution No 51/2001/QH10 of the National Assembly X, session 10th;
This law stipulates provisions on social
insurance.
Chapter I
GENERAL
PROVISIONS
Article 1. Coverage of
adjustment
1.
This law stipulates provisions on social insurance regimes and
policies, rights and responsibilities of an employee, an organization and an
individual who is entitled to social insurance benefit; a social insurance
organization; a social insurance fund; procedures on the implementation of the
social insurance and a state administration on the social insurance.
2.
This law is not applicable for health insurance, deposit insurance and
types of profitable business insurance.
Article 2. Coverage of social
insurance
1.
People who are
entitled to join compulsory social insurance are Vietnamese citizens as
follows:
a)
The Vietnamese employees who work under
labour contract with definite term and contract of three months and more;
b)
The Government
Officials and civil servants;
c)
The employees
of the National Defense and the employees of the Public Security;
d)
The wage-paid
military officers, career military personnel, professional non-commissioned
officers, officers, and professional non-commissioned officers of the People’s
public security; important officers under People’s Army and People’s public
security who are entitled military rank allowances;
e)
The non-commissioners and
soldiers under People’s Army and non-commissioners and soldiers under People’s
Public Security who work under labour contract with definite term;
f)
The oversea workers who work
under labour contract with definite term in receiving countries had paid
compulsory social insurance premiums before.
2.
The employers
who are entitled to compulsory social insurance include: The Government and
Administrative offices, People Armed Forces, Political organizations,
Social-political organizations, Social-political professional organizations,
Social professional organizations other social organizations; bodies, foreign
organizations, international organizations operated in Vietnam; enterprises;
households; cooperatives, individual business households, cooperative business
groups, other units and individuals which employ and pay the employees’ wage.
3.
The Vietnamese
employees working under labour contract or employment contract with
indefinitive term or labour contract with definitive term of 12-36 months with
employers stipulated in Provision 4 of this Article.
4.
The employers
stipulated in Provision 2 of this Article employ 10 and more workers are
entitled to unemployment insurance benefit.
5.
The Vietnamese
citizens in working age and excluded in Provision 1 of this Article are
entitled to unemployment insurance
scheme.
6.
The relevant
bodies, organizations and individuals.
The employee
who is entitled to compulsory social insurance, unemployment insurance and
voluntary social insurance benefits hereinafter called the employee.
Article 3.
Glossary of key terms
The following terms in this law are understood as follows:
1.
Social
insurance ensures a
replacement or offsets partially income for employees when they have lost or reduced their income caused
by sickness, maternity, employment injury, occupational disease, unemployment,
old age or death based on their contributions to social insurance fund.
2.
Compulsory
social insurance is type of
social insurance which both employees and employers are obliged to join.
3.
Voluntary
social insurance is type of
social insurance which employees voluntary to join and are allowed to select
premium rate and mode of paying social insurance premiums themselves to social
insurance fund based on their income for social insurance benefits.
4.
Unemployed
person means a
person who has contributed to unemployment insurance fund but has lost his/her
job or his/her labour contract has terminated and has not found the job.
5.
The
duration of paying social insurance premiums is calculated from the starting date to the ending date of
paying social insurance premiums. In case, the employee has not paid social
insurance premiums constantly, the duration of paying social insurance premiums
is calculated based on the total contribution period to social insurance fund.
6.
The
common minimum wage means the
official minimum wage, which is promulgated by
the Government in each
period.
7.
The relatives of the insured person include his/her children, spouse;
father, mother, father-in-law, mother-in-law and persons to whom the insured
person has to raise.
Article 4 Social insurance
benefits
1.
Compulsory
social insurance benefits comprise:
a) Sickness benefit;
b) Maternity leave benefit ;
c) Employment injury and Occupational and disease
benefit;
d) Old age benefit; and
e) Survivors’ benefit.
2.
Voluntary
social insurance benefits comprise:
a) Old age benefit; and
b) Survivors’ benefit.
3.
Unemployment
insurance benefits comprises:
a) Unemployment benefit;
b) Vocational Training benefit; and
c)
Job seeking supports
Article 5 Principles of social
insurance
1.
The level of
social insurance entitlement is computed based on the level and period of
paying social insurance premiums and sharing among insured people.
2.
The level of
compulsory social insurance premiums and unemployment insurance premiums is
computed based on net wage of the employee on which social insurance premiums
are based. The level of voluntary social insurance premiums is computed based
on the income selected the employee but it must be equal or higher than the
common minimum wage.
3.
The employee
who pays both compulsory and voluntary social insurance premiums is entitled to
old age pension and survivors’ benefits based on the period of paying social
insurance premiums.
4.
The social
insurance fund is managed in an united, democratic, and transparent way and
used for right purposes and entered independently in participating fund of
compulsory social insurance, voluntary social insurance and unemployment
insurance.
5.
The social
insurance fund should be implemented in a simple, user-friendly and convenient
way; to ensure insured employee receives his/her benefits adequately and timely.
Article 6. Government policies to
social insurance
1.
The Government
encourages and creates favourable conditions for agencies, organizations and
individual to join social insurance.
2.
The Government
has issued enable priority policies on the investment of the social insurance
fund and other necessary measures to preserve and raise this fund. The social
insurance fund is under the protection of the Government and shall not be
bankrupted.
Old age
pension and social insurance benefits as well as benefits from investment
activity are tax exempted.
Article 7. State management on social insurance
1.
Developing and
directing the implementation of the strategy and policy on social insurance.
2.
Issuing and
directing the implementation of the legal document on social insurance.
3.
Advocating
regimes, policies and laws on social insurance.
4.
Developing
statistics and information dissemination on social insurance.
5.
Establishing
an implementation system on social insurance; providing training and capacity
building for staff who are responsible for social insurance issues.
6.
Inspecting and
controlling the compliance with the law on social insurance, settling
complaints and denouncements; handling
violations of the law on social insurance
7.
International
Cooperation on social insurance.
Article 8. State managerial
organization on social insurance
1.
The Government
provides the unity of the state management on social insurance.
2.
The Ministry
of Labour, Invalids and Social Affairs is responsible for the unity of the
state management on social insurance to the Government.
3.
The
ministries, relevant bodies, offices under the Government in the range of their
responsibilities and authorities are responsible for the state management of
social insurance.
4.
The provincial
People’s Committees implement the state management functions on social
insurance at provincial levels in accordance with the decentralization of the
government.
Article 9. Modernization of
social insurance management.
1.
The Government
encourages investments on technology development and modern advance technology
to ensure the application of a modern social insurance management.
2.
The Government
stipulates specific regulations on the application of informatic
technology on social insurance
management.
Article 10. Social insurance inspection
1.
The Labour
Inspection under the Ministry of Labour, Invalids and Social Affairs carries
out the inspection functions on social insurance.
2.
The
organization, rights and responsibilities of special inspection on social
insurance are stipulated in the law of inspection.
Article 11. Rights and
responsibilities of trade unions
1.
The Trade
Union has the following rights:
a) To protect legal rights and benefits of insured
employees;
b) To request the employers and social insurance
organization to provide information on social insurance for the employees.
c) To recommend to the state managerial agencies on the
sanction of violations on social insurance law.
2.
The Trade
Union has the following responsibilities:
a) To advocate and disseminate information on the
regimes, policies and laws on social insurance to the employees;
b) To suggest, involve in the development, amend and
supplement social insurance regimes, laws and policies.
c)
To involve in monitoring and controlling
the implementation of the social insurance law
Article 12. Rights and
responsibilities of Employer’s organizations
1.
The Employer’s organization has the following
rights;
a) To protect legal rights and benefits of insured
employers
b) To recommend to the state managerial agencies on the
sanction of violations on social insurance law .
2.
The Employer’s organization has the following
responsibilities:
a) To advocate and disseminate information on the social
insurance regimes, policies and laws to the employers;
b) To suggest, involve in the development, amend and
supplement social insurance regimes, policies and laws.
c) To involve in monitoring and controlling the
implementation of the social insurance law.
Article 13. Reporting and
Auditing system
1.
The Government
reports to the National Assembly on the management and the use of social
insurance fund annually.
2.
The State
Auditing Company will carry out periodic auditing (every three years) to social
insurance fund and reports auditing results to the National Assembly. In
emergency case, at the request of the National Assembly, the Standing Committee
of the National Assembly or the Government, the social insurance fund will be
unscheduled audited.
Article 14. Acts which are
prohibited
1.
Refusing to
pay social insurance premiums as stipulated in this law.
2.
Committing a
fraud and forging profiles in implementing social insurance.
3.
Using social
insurance fund for a wrong purpose.
4.
Annoying,
making barriers and damaging the legal rights and benefits of the employees and
employers.
5.
Providing
wrong report and erroneous information and data on social insurance.
Chapter II
Rights
and Responsibilities of the
EMPLOYEES, employers
and
social insurance organization
Article 15. Rights of
the employees:
The
employee has the following rights:
1.
To be issued a
social insurance booklet ;
2.
To receive the
social insurance booklet in case of ceasing to work.
3.
To receive old
age pension and social insurance benefits in time and in full.
4.
To be covered
by health insurance in the following cases:
a. receiving monthly old age benefit;
b. receiving employment injury and occupational disease
benefit;
5.
To grant
authorization for the authorized person to receive old age pension and social
insurance benefit.
6.
To request the
employers to provide information as stipulated in Point h, Provision 1, Article
18; and to request social insurance organization to provide information as
stipulated in Provision 11, Article 20 of this law.
7.
To complain
and denounce on social insurance.
8.
Other rights
as stipulated in the law.
Article 16. Responsibilities of the employees
1.
The employee
has the responsibilities as follows:
a) To pay social insurance premiums as stipulated in
this Law.
b) To follow regulations on setting up a social
insurance profile.
c) To maintain social insurance booklet as regulated.
d) Other responsibilities as stipulated in the law.
2.
In addition to
the responsibilities stipulated in Provision 1 of this Article, the insured
employee also has the responsibilities as follows:
a) To register his/her unemployment with the social
insurance organization.
b) To inform the social insurance organization monthly
about his/her situation on employment seeking during the period of receiving
unemployment benefit.
c) To accept the job or appropriate vocational training
course offered by the social insurance organization.
Article 17. Rights of the
employers:
The employer has the
following rights:
1.
To refuse to
meet requests which vary from the provisions of the regulation on social
insurance.
2.
To complain
and denounce on social insurance.
3.
Other rights
stipulated in law.
Article 18. Responsibilities of the employers:
1.
The employer
has the responsibilities as follows:
a) To pay social insurance premiums as stipulated in
Article 92 and to deduct the employee’s contribution to the social insurance
fund from his/her monthly wage as stipulated in Provision 1 Article 91 of this
law;
b) To maintain employee’s social insurance booklets
while they are working in/her enterprise;
c) To return the social insurance booklet to the
employee when his/her contract is terminated;
d) To prepare profiles for the entitled employee to have
social insurance booklets, to contribute and receive social insurance benefits;
e) To pay social insurance benefits for the employees;
f) To introduce the employees to the Medical Assessment
Board to take assessment of their incapacities for work as stipulated at Point
a, Provision 1, Article 41, Article 51 and Point b, Provision 1, Article 55 of
this law;
g) To provide relevant documents and information as
requested by the state authority bodies;
h)
To provide information about the
contribution of the employees to the social insurance fund at the request of
the employee or trade union
i)
Other responsibilities as
stipulated in the law.
2.
In addition to
the implementation of the regulations stipulated in Provision 1 of this
Article, the employers who join unemployment insurance scheme pay unemployment
insurance premiums on a monthly basis as stipulated at Provision 2, Article 102
and at the same time to deduct the contribution of the employee from his/her
monthly wage stipulated in Provision 1, Article 102 to contribute to unemployment
insurance fund.
Article 19. Rights of the social insurance organization
The social insurance organization has the
following rights
1.
To manage
human resource, finance and property as stipulated by the law;
2.
To refuse to
pay social insurance benefit which contradict regulations;
3.
To make
complaints about social insurance;
4.
To check the
contributions to social insurance fund and to pay the social insurance
benefits;
5.
To recommend
to the state managerial agencies on the development, amendment and supplement
to social insurance regimes, policies and laws and the management of the social
insurance fund;
6.
To recommend
to the State authority bodies on the sanction of violations on social insurance
law; and
7.
Other rights
as stipulated in the law.
Article 20 Responsibilities of
the social insurance organization
The Social Insurance
Organization has the following responsibilities:
1.
To advocate
and disseminate information on social insurance regimes, policies and laws; to
provide guidance on social insurance procedures for the employees and the
employers who are entitled to social insurance;
2.
To collect
social insurance premiums as stipulated in this law;
3.
To receive
social insurance profiles, settle social insurance claims and pay for the old
age pension and social insurance benefits in time, in full and with
convenience;
4.
To issue
social insurance booklet for each employee;
5.
To manage and
utilize social insurance fund as regulated in the law.
6.
To implement
measures to raise and preserve social insurance fund.
7.
To implement
statistic works, accounting and professional guidance on social insurance.
8.
To introduce
the employees to the Medical Assessment Board to take assessment of incapacity
for work as stipulated in Point b, Provision 1 and 2, Article 41 of this law.
9.
To apply informatic
technology in social insurance management and to maintain the records of
insured people as stipulated in the law.
10.
To report to
Social Insurance Management Board on the implementation of social insurance
every six months. To report to the Government and the State Managerial agencies
on the management and the utilization of social insurance fund annually.
11.
To provide
fully and timely information on the payment of social insurance premiums,
entitlements and implementation procedures of social insurance at the request
of the employees or trade union.
12.
To provide
relevant documents and relevant information at the request of the State
authority agencies.
13.
To settle in a
timely manner complaints and denouncements about the implementation of social
insurance.
14.
To implement
international cooperation on social insurance.
15.
Other responsibilities as stipulated in the
law.
Chapter III
COMPULSORY
SOCIAL INSURANCE
Session 1.
SICKNESS BENEFIT
Article 21. Coverage of sickness benefit
Employees who are stipulated in Point a,b,c and d of
Provision 1, Article 2 of this law shall be entitled to sickness benefit.
Article 22. Qualifying conditions
for sickness benefit
1.
The employee
who has suffered from sickness and risk accident and has medical certificate
issued by medical station shall be entitled to sickness benefit.
In case, the employee
who takes leave of sickness and accident because of self-inflicted, alcoholism
or drug abuse shall not be entitled to sickness benefit.
2.
The employee
who has a child under 7 years of age and takes sick leave to look after the
child and has a medical certificate issued by Medical Station shall be entitled
to sickness benefit.
Article 23. Period for sickness
benefit
1.
The maximum
entitled period for sickness benefit in a year for the employees stipulated in
points a,b, and c of Provision 1, Article 2 of this law is based on working
days excluding holidays, Tet holidays and weekend holidays and stipulated as
follows:
a) Working in normal condition, he/she shall be entitled
to 30 days in a year, if he/she has paid social insurance premiums for less
than 15 years; 40 days in a year, if he/she has paid social insurance premiums
for at least 30 years;
b) Working in heavy or hazardous occupations or jobs in
the list of heavy or hazardous occupations or jobs issued by MoLISA and MOH or
working regular in areas where the area allowance is indexed at least 0,7, he/she is entitled to 40 days if he/she
has paid social insurance premiums for less than 15 years and 50 days if he/she
has paid social insurance premiums from 15 years to less than 30 years and 70
days if he/she has paid social insurance premiums for at least 30 years.
2.
The employee
who has suffered from a disease which requires long treatment in the list of
long treatment diseases issued by the MoH is entitled to sickness benefit as
follows:
a) Maximum of 180 days in a year including public
holidays, TET holidays and weekend holidays;
b) In the event that the employee must continue his/her
medical treatment after these 180 days, he/she continues to be entitled to
sickness benefit at a lower rate.
3.
The period for
sickness benefit of the employees stipulated in Point d Provision 1, Article 2
of this law is decided by the medical treatment period at the medical station,
clinic of the People’s Army and the People’s Public Security.
Article 24. Duration for child
caring benefit
1.
The duration
for child-caring benefit in a year is
computed based on the number of the days to take leave to look after a sick
child, maximum of 20 working days if the child is under 3 years of age; maximum
of 15 working days if the child is from 3 to
less than 7 years of age.
2.
In the case of
both father and mother of the sick child
are insured persons, if the child is still sick after one’s expiry
period of time for child caring benefit, the other shall be entitled to child
caring benefit as stipulated in Provision 1 of this Article.
Article 25. Level of sickness
benefit
1.
For the
employee who is entitled to sickness benefit stipulated in Provision 1, Point a
of Provision 2, Article 23 and Article 24 of this law, the level of sickness
benefit is equivalent to 75 per cent of the wage on which social insurance
premiums are based prior to the leave of absence.
2.
For the
employee who is entitled to the continuation of sickness benefit stipulated in
Point b of Provision 2, Article 24, the level of sickness benefit is as
follows:
a) 65 per cent of the wage on which social insurance
premiums are based prior to the leave of absence if the employee has paid
social insurance premiums for at least 30 years;
b) 55 per cent of the wage on which social insurance
premiums are based prior to the leave of absence if the worker has paid social
insurance premiums from 15 years to less than 30 years; and
c)
45 per cent of the wage on which
social insurance premiums are based prior to the leave of absence if the worker
has paid social insurance premiums less than 15 years.
3.
For the
employee who is entitled to sickness leave stipulated in provision 3, Article
23 of this law, the level of sickness leave is equivalent to 100 per cent of
the wage on which social insurance premiums are based prior to the leave of
absence.
4.
If the level
of sickness benefit computed in provision 2 of this Article is less than the
common minimum wage then the common minimum wage shall be applied.
Article 26. Health saving and
rehabilitation after sickness leave
1.
The employee,
after the entitled treatment period of sickness stipulated in Article 23 of
this law but has not recovered his/her health, he/she shall be entitled to 5-10
days for health saving and rehabilitation in a year.
2.
The level of
one day sickness benefit is equivalent to 25 percent of the common minimum wage
if he/she decides to save and
rehabilitate his/her health at home; and 40 per cent of the common minimum wage
if he/she decides to save and rehabilitate his/her health at the rest-home.
Session 2
Maternity benefit
Article 27. Coverage of the
maternity benefit
The employees stipulated
in Points a, b, c and d of provision 1, Article 2 of this law are entitled to
maternity benefit.
Article 28. Qualifying conditions
1.
The employee
shall be entitled to maternity benefit if she is under one of the following
cases:
a) The pregnant female employee;
b) The female employee who gives birth to her child;
c) The employee who accepts to adopt an infant under 4
months of age;
d) The employee who takes intra-uterus device; and takes
sterilize measures.
2.
The employees
stipulated in Points b and c of Provision 1 of this Article shall be entitled
to maternity benefit if she has 6 months fully paying social insurance premiums
during 12 months prior giving birth or accepts to adopt an infant.
Article 29. Period of leave
entitlement for prenatal care
Pregnant female employee shall be entitled to prenatal leave for 5 times check up, one day per each time; if her working station is far from the medical institution or who is having an ailment or whose fetus is abnormal, she shall be entitled to 2 days off for each maternity check-up.
The period of leave
entitlement for prenatal care stipulated in this law is computed based on
working days, excluding holidays, Tet holidays and weekend holidays.
Article 30. Period of leave
entitlement when having abortion and vasectomy or death fetus
The employee who has suffered from miscarriage, abortion,
vasectomy or death fetus shall be entitled to 10 days leave of absence with
full pay if the fetus is less than 1 month; 20 days leave of absence if the
fetus is from 1 month to 3 months of age; 40 days leave of absence if the fetus
is from 3 months to 6 months of age; 50 days leave if the fetus is at lease 6
months of age.
The period of
maternity leave benefit stipulated in this Article includes holidays,
Tet holidays and weekend holidays.
Article 31 Period of maternity
leave benefit after giving birth
1.
After giving
birth, the female employee shall be entitled maternity benefit stipulated as
follows:
a) Four months for the female employee who works in
normal conditions;
b) Five months for the female employee who works in
hazardous occupation or on heavy duty job under the list of hazardous occupations
or on heavy duty jobs issued by MoLISA and MoH; on 3 shifts duty; and working
regular in areas where the area allowance is indexed at least 0,7 or for the People’s Army and the
People’s public security;
c) Six months for the disabled female employee with
disability as regulated by the regulations on people with disability in the
law;
d) In the case of twin or multiple births, in addition
to the period of maternity leave stipulated in this provision, the female
employee shall be entitled an additional leave of 30 days for each child from
the second.
2.
In case of
after giving birth, the new born child dies before 60 days of age, the female
employee shall be entitled to a leave of absence of 90 days after child
delivery; 30 days if the child dies after 60 days of age, but not exceeding
maximum period stipulated in Provision 1 of this Article. This leave duration
is not calculated as compassionated leave as regulated by the law on labour.
3.
In case, only
father or mother is insured person or both father and mother are insured
persons, the mother dies after the child was born, the father or the legal
raiser shall be entitled to maternity leave benefit until the child reaches 4
months of age.
4.
The period of
maternity leave entitlement stipulated in provision 1,2 and 3 of this Article
includes holidays, Tet holidays and
weekend holidays
Article 32. Period of Maternity leave
entitlement for adopting a newly-born
baby
The employee who adopts
a newly-born baby less than 4 months of age shall be entitled to maternity
leave benefit until the child reaches 4 months of age.
Article 33. Period of maternity leave entitlement when taking Intra-uterus device
1.
The employee
who takes Intra-uterus device is entitled to 7 days leave with full pay.
2.
The employee
who takes sterilize is entitled to 15 days leave with full pay.
3.
Period of the
entitled maternity leave stipulated in Provision 1 and 2 of this Article
includes holidays, Tet holidays and weekend holidays.
Article 34. A lump-sum benefit
for giving birth or accepting to raise an adopted infant
The female employee who gives birth or accepts to raise an
adopted infant under 4 months of age is entitled to a lump-sum benefit
equivalent to 2 months of the common minimum wage for each child.
In case, only father is insured person, the mother dies
after giving birth, the father is entitled to a lump-sum benefit equivalent 2
months of the common minimum wage for each child.
Article 35. Level of maternity
benefit
1.
For the
employee who is entitled to maternity benefits stipulated in Article
29,30,31,32, and 33 of this law, the level of maternity benefit is equivalent
to 100 per cent of the wage on which the social insurance premiums are based
prior to the last 6 months of taking leave of absence.
2.
Period of maternity leave entitlement is
computed as the period of paying social insurance premiums. During this period
both employer and employee do not have to pay
social insurance premiums.
Article 36. Female employee working before the expiry of maternity leave
period
1.
The female employee can work before
the expiry of the maternity leave of absence stipulated in Provision 1, Article 31 of this law if she meets the following
conditions:
a)
At least 60 days
after giving birth;
b)
Having medical
certificate from the medical station certifying that her carrying her duties
before the expiry of the maternity leave of absence will not endanger her
health.
c)
She has to keep the
employer informed and gets an approval from the employer.
2.
In addition to
the entitled wage, the female employee who works before the expiry of maternity
period shall be still entitled to maternity benefit until the expiry of the
maternity benefit period stipulated in
Provision 1 or Provision 2, Article 31 of this law.
Article 37. Health saving and
rehabilitation after giving birth
1.
At the expiry
of the maternity leave of absence stipulated in Article 30 or in Provision 1,
Article 31 of this law, if the female employee has not fully recovered her
health, she is entitled to 5-10 days leave of absence for health saving and
rehabilitation in a year.
2.
The level of
one day maternity leave benefit is equivalent to 25 percent of the common
minimum wage if she decides to save and rehabilitate her health at home and 40
per cent of the common minimum wage if she decides to save and rehabilitate her
health at the rest-home.
Session
3
Employment injury and
Occupational Disease benefits
Article 38. Coverage of
employment injury and occupational disease benefits
The employee who suffers
from employment injury or occupational disease stipulated in Point a,b,c,d and
e of Provision 1, Article 2 of this law is entitled to employment injury and
occupational disease benefits.
Article 39. Qualifying conditions
to employment injury benefit.
The employee shall be
entitled to employment injury benefit if he/she meets the conditions as
follows:
1.
Having
suffered from the employment injury under one of the following cases:
a) During work time at work place;
b) After/ before work time or out side the work place while on
assignment by the employer;
c) On route to and from place of work and residence and
in a reasonable time and route.
2.
Having lost
earning capacity at least 5 percent because of employment injury stipulated in
Provision 1 of this Article
Article 40. Qualifying conditions
for occupational disease benefit.
The
employee shall be entitled occupational disease benefit if he/she qualifies the
conditions as follows:
1.
Having
suffered from the disease while working in hazardous occupations or jobs in the
list of occupational disease issued by the Ministry of Labour, Invalids and
Social Affairs.
2.
Having lost
earning capacity at least 5 percent caused by employment injury stipulated in
provision 1 of this Article.
Article 41. Assessment of
incapacity for work.
1.
The employee
who have suffered from employment injury and occupational disease shall be
recommended to take reassessment of incapacity for work in the following cases:
a) To be recovered after medical treatment of employment
injury and occupation disease.
b) To be recovered after his/her injury or occupational
disease relapses.
2.
The employee
shall be sent to assess his/her general incapacity for work if he/she is under
one of the following cases:
a) Having suffered from both employment injury and
occupational disease;
b) Having suffered from employment injury for many time;
c) Having suffered from several occupational diseases.
Article 42. A lump-sum benefit
1.
The employee
who has lost earning capacity from 5 percent to 30 per cent is entitled a
lump-sum benefit.
2.
The level of a
lump-sum benefit is stipulated as follows:
a) The employee who has lost 5 per cent of earning capacity shall be given benefit
equivalent to 5 months of the common minimum wage, then 0.5 percent of the
common minimum wage for every additional per cent of losing earning capacity; and
b) In addition to the benefit stipulated in the Point a
of this Provision, the employee shall be entitled to an additional benefit
based on the years of paying social insurance premiums, If social insurance
premiums have been paid less than one year, it is calculated equivalent to 0.5 month, then for every additional year of paying
social insurance premiums he/she shall be entitled to 0.3 month of the wage on
which social insurance premiums are based prior to the last month of taking
leave of absence for medical treatment.
Article 43. Monthly
benefit
1.
The employee
who has lost at least 31 per cent of earning capacity is entitled to monthly
benefit.
2.
The level of
monthly benefit is regulated as follows:
a) The employee who has lost at least 31 per cent of
earning capacity shall be given benefit equivalent to 30 per cent of the common
minimum wage, then 2.0 percent of the common minimum wage for every additional
per cent of losing earning capacity; and
b) In addition to the benefit stipulated in the Point a
of this Provision, the employee shall be entitled to an additional benefit
based on the years of paying social insurance premiums monthly, if the social
insurance premiums have paid less than one year, it is equivalent to 0.5 per
cent, then for every additional year of
paying social insurance premiums he/she shall be entitled to 0.3 per cent of
the wage on which the social insurance premiums are based prior to his/her
leave for medical treatment.
Article 44. Starting date of the
benefit
1.
The starting
date of the benefit stipulated in Article 42,43 and 46 of this law shall be
calculated since the month which the employee has finished his/her medical
treatment and is discharged from the hospital.
2.
In case of a
recurring illness, the employee is sent to reassess his/her incapacity for
work, the starting date of entitled benefit is calculated from the month of
receiving the result from the Medical Assessment Board.
Article 45. Proving functional
aid and rehabilitation tools
The employee who has
suffered from employment injury and occupational disease which damages the
function of the body shall be provided with functional aids, rehabilitation
tools based on the level of his/her incapacity for work.
Article 46. Helper benefit
The employee-victim of
employment injury, who has lost at least 81 per cent of his/her earning capacity is
paralysed in spinal column or lost his/her eyesight or amputation of two limbs
or a serious mental disorder, in addition to the benefit stipulated in Article
43 of this law shall be given a monthly helper allowance equivalent to the
monthly common minimum wage.
Article 47. A lump-sum benefit
for the later on deceased employee
caused by employment injury or occupational disease.
The employee who dies
because of labour accident, occupational disease or dies during the time of
first medical treatment because of employment injury or occupational disease,
the relatives of the employee shall be entitled to a lump-sum benefit
equivalent to 36 months of the common minimum wage.
Article 48. Health saving and
rehabilitation after medical treatment of injury or occupational disease.
1.
If the
employee still has not recovered his/her health after the medical treatment of
employment injury or occupational disease, he/she shall be entitled to 5-10
days leave for health saving and rehabilitation.
2.
The level of
one day benefit is equivalent to 25 percent of the common minimum wage if
he/she decides to save and rehabilitate her health at home and 40 per cent of
the common minimum wage if she decides to save and rehabilitate her health at
the rest-home.
Session
4
Old age Benefit
Article 49. Coverage of old age benefit
The employee stipulated in Provision 1, Article 2 of this
law is entitled to the old age benefit.
Article 50. Qualifying conditions
1.
The employee
stipulated in Point a,b,c and e of Provision 1, Article 2 of this Law shall be
entitled to the old age pension if he/she is under one of the following
conditions:
a) Having reached the age of 60 for a man and 55 for a
woman;
b)
Having reached the age of 55 to
60 for a man and from 50 to 55 for women and having worked 15 years in heavy,
hazardous and dangerous occupations in the list issued by the Ministry of
Labour, Invalids and Social Affairs and Ministry of Health or having worked at
least 15 years regular in areas where the area allowance is indexed at least 0,7; in some other special cases, the
qualifying age for an old age benefit shall be regulated by the Government .
2.
The employee
who has paid social insurance premiums for at least 20 years stipulated in
Point d of Provision 1, Article 2 of this Law is entitled to an old age pension
if he/she is under one of the following conditions:
a) Having reached the age of
55 for a man and 50 for a woman; except those who are under other regulations
of the Official Law of the People Army and the People’s Public Security;
b)
Having
reached the age from 50 to 55 for a man and from 45 to under 50 for a woman and
having worked at least 15 years in heavy, hazardous and dangerous occupations
in the list issued by the Ministry of Labour, Invalids and Social Affairs and
Ministry of Health or having worked at least 15 years regular in areas where
the area allowance is indexed at least
0,7.
Article 51. Qualifying conditions
for an old age pension when losing earning capacity.
The employee who has
paid social insurance premiums for at least 20 years stipulated in Point
a,b,c,d and e in Provision 1, Article 2 of this law losing at least 61% of
earning capacity shall be entitled to the old age benefit at the lower level
than qualified employee stipulated in Article 50 of this law if he/she she is
under one of the following conditions:
1.
Having reached
the age of 50 for a man and 45 for a woman; and
2.
Having at
least 15 years working in heavy, hazardous and dangerous occupations in the
list issued by the Ministry of Labour, Invalids and Social Affairs and the
Ministry of Health.
Article 52. Level of the
old age benefit.
1.
The level of a
monthly old age benefit of the qualified employee stipulated in Article 50 of
this law is calculated at 45 percent of the average wage on which the social
insurance premiums are based stipulated in Article 58, Article 59 or Article 60
of this law equivalent to 15 years of paying social insurance premiums, then
for each additional year of paying insurance premiums, the man shall get 2 per
cent more and the woman shall get 3 per cent more. The maximum rate shall be
equivalent to 75 percent.
2.
The level of a
monthly old age pension of the entitled employee regulated at Article 51 of
this law is calculated as regulated in Provision 1 of this Article, then 1
percent shall be reduced for every year of early retirement.
3.
The lowest
pension wage shall be equivalent to the common minimum wage.
Article 53. Adjustment of the old
age pension.
The old age
pension shall be adjusted based on an increment of the cost of living index and
economic growth. The specific level of adjustment shall be regulated by the
Government.
Article 54. A Lump sum of the old
age benefit
1.
The employee
who has contributed to social insurance fund for more than 30 years for a man
and more than 25 years for a woman, when he/she is retired, in addition to the
old age pension, he/she shall be entitled to a lump-sum benefit.
2.
The level of
lump-sum benefit is calculated based on the years of paying social insurance
premiums since 31st years for man and 26th year for
woman. For every year of contributions to social insurance fund , he/she shall
be entitled to 0.5 percent of the average monthly wage on which social
insurance premiums are based.
Article 55. A lump-sum for the
employee who is not illegible for a monthly old age pension
1.
A lump-sum can
be paid to the employee
stipulated in Point a, b, c and e in Provision 1, Article 2 of this law if
he/she is under one of the following cases:
a) Having reached the retirement age stipulated in
Provision 1, Article 50 of this law but having paid social insurance premiums
less than 20 years.
b) Having lost at least 61 per cent of earning capacity
but having paid social insurance premiums less than 20 years
c) Having discontinued to pay social insurance premiums
after one year of ceasing working and having requested to a lump-sum of social insurance benefit but
having paid social insurance less than 20 years; and
d) Settling abroad.
2.
A lump-sum can be paid to the
employee stipulated in Point d and e of Provision 1, Article 2 of this law when he/she
demobilizes and ceases working but not qualifying for a monthly old age pension
benefit stipulated in Provision 2, Article 50 or 51 of this law.
Article 56. Level of a lump-sum
social insurance benefit
The level of a lump-sum
social insurance benefit is computed based on the number of contribution years
to social insurance fund, for each year, he/she shall be entitled to 1 month
and half of the average wage on which social insurance premiums are based.
Article 57. Reserving social
insurance contribution period.
The employee who ceases
working but not qualifying for monthly old age pension stipulated in Article
50, and Article 51 or have not made a withdrawal of a lump-sum as stipulated in
Article 55 and 56 of this law shall be entitled to reserve his/her period of
paying social insurance premiums.
Article 58. Average wage
on which social insurance premiums are based for computing an old age pension
and a lump-sum social insurance benefit for the employee who has paid social
insurance premium before 1 January 1995.
1.
For the
employee who has paid social insurance premiums based on his/her monthly wage
as defined in the wage scale set by the Government, the computing is done on
the basis of the weighted average of his/her wage which has been used as basis
for computing the level of his/her social insurance premiums in the last 5
years prior to his/her retirement.
2.
For the
employee who has the whole period of paying social insurance premiums according
to wage regime as defined in the wage scale set by the employer, the computing
is done on the basis of the weighted average of his/her wage on which the
social insurance premiums are based for the whole period.
3.
For the
employee who has paid social insurance premiums according to wage regime as
defined in the wage scale set by the Government and also paid social insurance
premiums according to wage regime as defined by the employer, the computing is
done on the basis of the weighted average of the wage on which the social
insurance premiums are based for these periods; During the period of paying
social insurance premiums according to wage regime set by the Government, the computing is done on the
basis of the weighted average of the wage on which the social insurance
premiums are based as stipulated in Provision 1 of this Article.
Article 59. Average wage on which social insurance
premiums are based for computing an old age pension and a lump-sum social
insurance benefit for the employee who has paid social insurance premiums from
January 1, 1995 to the effective date of this law shall be computed as follows:
1.
For the
employee who has paid social insurance premiums for the whole period according
to wage regime as defined in the wage scale set by the Government, the
computing is done on the basis of the weighted average of his/her wage of the
years during which he/she has paid social insurance premiums prior to his/her
retirement as follows:
a) For the employee who paid social insurance premiums
from 1 January 1995 to 31 December 1999, the computing is done on the basis of
the weighted average of his/her wage of the last 6 years during which he/she
has paid for social insurance premiums prior to his/her retirement;
b) For the employee who paid social insurance premiums
from 1 January 2001 to 31 December 2006, the computing is done on the basis of
the weighted average of his/her wage of the last 8 years during which he/she
has paid for social insurance premiums prior to his/her retirement.
2.
For the
employee who has the whole period of paying insurance premiums according to
wage regime as defined in the wage scale set by the employer, the computing is
done on the basis of the weighted average of his/her wage on which the social
insurance premiums are based for the whole period.
3.
For the
employee who has paid social insurance premiums according to wage regime as
defined in the wage scale set by the Government and also paid social insurance
premiums according to wage regime as defined by the employer, the computing is
done on the basis of the weighted average of the wage on which the social
insurance premiums are based for these periods; During the period of paying
social insurance premiums according to wage regime set by the Government, the computing is done on the
basis of the weighted average of the wage on which the social insurance
premiums are based as stipulated in Provision 1 of this Article.
Article 60. Average wage on which the social
insurance premiums are based for computing a old age pension and a lump-sum benefit for the employee
who pays social insurance premiums since the effective date of social insurance law .
1.
If the
employee has fully paid social insurance premiums according to wage regime as
defined in the wage scale set by the Government, the computing is done on the
basis of the weighted average of his/her wage of the last 10 years prior to
his/her retirement.
2.
If the
employee has fully paid social insurance premiums according to wage regime as
defined in the wage scale set by the employer, the computing is done on the
basis of the weighted average of his/her wage which has been used as basis for
computing the level of his/her social insurance premiums for the whole period.
3.
The employee
who has both paid social insurance premiums according to wage regime as defined
in the wage scale set by the Government and social insurance premiums according
to wage regime as defined by the employer, the computing is done on the basis
of the weighted average of the wage which has been used as basis for computing
the level of social insurance premiums for these periods. During the period of
paying social insurance premiums according to wage regime set by the Government, the computing is done on the
basis of the weighted average of the wage which has been used as basis for
computing the level of social insurance premium as stipulated in Provision 1 of
this Article.
Article 61. Adjustment of the
monthly wage on which social insurance premiums are based.
1.
The monthly
wage of the employee on which social insurance premiums are based stipulated in
Provision 1, Article 94 shall be adjusted based on the level of the common
minimum wage at the time of receiving old age pension.
2.
The monthly
wage of the employee on which social insurance premiums are based stipulated in
Provision 2, Article 94 shall be adjusted based on the cost of living index of
each period regulated by the Government.
Article 62. Temporary suspending
an old age pension and monthly social
insurance benefit
The employees who
receives the monthly old age pension and social insurance benefit shall be
suspended temporarily if he/she is under one of the following cases:
1.
Imprisonment;
2.
Illegally
migration; and
3.
Missing
proclaimed by the court
Session 5
Survivor’s benefit
Article 63. Funeral allowance
1.
The following
employee when he/she dies, the undertaker for his/her funeral service shall be
given funeral allowance if he/she is under one of the cases as follows:
a) Having paid his/her social insurance premiums
stipulated in Provision 1, Article 2 of this law ;
b) Having reserved his/her social insurance period;
c) Having received monthly old age pension, employment
injury and occupational disease benefit after ceasing working.
2.
The funeral
allowance is equivalent to 10 months of the common minimum wage.
3.
In case the
employee stipulated in Provision 1 of this law is declared him/her late on
deceased by court, his/her relatives shall be entitled to allowance stipulated
in Provision 2 of this Article.
Article 64. Eligibility for
monthly survivors’ benefit
1.
The
employee stipulated in Provision 1, Article 63 of this law, when he/she dies
his/her relatives shall be entitled to monthly survivors’ benefit for his/her
death if he/she is one of the following cases:
a)
Having paid social
insurance premiums for at least 15
years, but have not made a withdrawal
of a lump-sum;
b)
Having received monthly old age pension;
c)
Deceased because of
employment injury and occupational disease;
d)
Having received monthly employment injury and
occupational disease benefits with incapacity for work of at least 61 per cent.
2.
The
relatives of the insured employee stipulated in Provision 1 of this Article
shall be eligible
for monthly survivors’ benefit as
follows:
a)
His/her children
have not reached 15 years of age; his/her children are still going to school
and below 18 years of age; his/her children reached 15 years of age if having
lost at least 81 percent of earning capacity;
b)
Legal spouse reaches
60 years of age for a man and 55 years of age for a woman; Legal spouse has not
reached 60 years of age for a man and 55 years of age for a woman if having
lost at least 81 percent of earning capacity;
c)
The father, mother,
father- in- law and mother- in- law/custodians who reach 60 years of age for a
man and 55 years of age for a woman;
d)
The father, mother,
father- in- law and mother- in- law/custodians who are under 60 years of age
for a man and 55 years of age for a woman if having lost at least 81 percent of
earning capacity.
The relatives of the
insured employee stipulated in Points b, c and d of this Provision must have no
income or have income but lower than the common minimum wage.
Article 65. Monthly survivors’
benefit
1.
The
level of monthly survivors’ benefit for each dependent of the late on deceased
employee is entitled to 50 percent of the common minimum wage; in case the
dependent of the late on deceased employee has no direct raiser, he/she shall
be entitled to 70 percent of the common minimum wage.
2.
For
one late on deceased employee stipulated in Provision 1, Article 64 of this
law, the number of dependent to be given this monthly benefit shall not exceed
four persons. For at least 2 late on deceased employees, the dependents of
these late on deceased employees are entitled 2 times of the allowance
stipulated in Provision 1 of this Article;
3.
Eligibility
time of survivors’ benefit shall be started right in the month after the
employee/ benefited person of the old age pension, employment injury and
occupational disease dies.
Article 66. Eligibility for a
lump-sum survivors’ benefit
If the employee
stipulated in Provision 1, Article 63 of this Law is under one of the following
cases when he/she dies, his/her relatives shall be entitled to a lump-sum
survivors’ benefit :
1.
The
late on deceased employee who has not met requirements specified in Provision
1, Article 64 of this law;
2.
The
late on deceased employee is under one of the conditions stipulated in
Provision 1, Article 64, but has no dependant to receive monthly survivors’
benefit stipulated in Provision 2, Article 64 of this law.
Article 67. Level of a lump-sum survivors’ benefit
1.
The
level of a lump-sum survivors’ benefit for dependants of the employee who has
worked under labour contract or reserved social insurance period is computed
based on the period of paying social insurance premiums, equivalent to 1,5
month of average monthly wage for each year of the contribution to the social
insurance fund on which social security premiums are based; the lowest level
must be at least equivalent to 3 months of the average monthly wage.
2.
The
level of a lump-sum survivor’s benefit for dependants of the employee who has
received monthly old age pension shall be computed based on the period of
receiving the old age benefits, if he/she dies in the first 2 months of the
entitled old age pension, his/her dependants shall receive a lump-sum allowance
equivalent to 48 months of the entitled old age pension; if he/she dies in the
later months, for each month received old age pension, the level of pension
benefit shall be deducted 0,5 month of old age pension, the lowest level must
be at least equivalent to 3 months of the entitled old age pension.
Article 68. Computing the old age
pension and survivors’ benefits for the employee who has paid voluntary social
insurance premiums then paid compulsory social insurance premiums.
1.
For the employee
who has paid voluntary social insurance premiums then compulsory social
insurance premiums, the computing is done as basis for computing old age
pension and survivors’ benefit based on the period of paying voluntary social
insurance premiums plus the period of paying compulsory social insurance
premiums.
2.
The computing
is done on the basis of the weighted average of the wage on which the social
insurance premiums of the employee are based in Provision 1 of this Article
regulated by the Government.
Chapter IV
VOLUNTARY
SOCIAL INSURANCE
Session 1
Old age Pension
Article 69. Coverage of an old age pension
The employee stipulated
in Provision 5, Article 2 of this law shall be entitled to voluntary social
insurance.
Article 70. Eligibility for a old
age pension
1.
The employee
shall be entitled to old age pension if he/she meets the following conditions:
a)
Having
reached the age of 60 for man and 55 for women;
b)
Having
paid social insurance premiums for at least 20 years,
2.
In
case the employee has reached the age of 60 for man and 55 for women but the
period of paying social insurance is short of less than 5 years compared to the
period regulated in Point b in Provision 1 of this law shall be entitled to
continue his/her contributions to the social insurance fund until he/she
reaches 20 years of social insurance contribution.
Article 71. Level of a monthly old age pension
1.
The level of
the monthly old age pension is computed equivalent to 45 percent of the
averaged wage at a level of monthly wage on which social insurance premiums are
based, stipulated in Article 76 of this law equivalent to 15 years of paying
social insurance premiums, then 2 more percent for man and 3 percent for women
for each year of paying social insurance premiums; the highest level of the
monthly old age pension is equivalent to
75 per cent.
2.
The adjustment
of a old age pension shall be implemented as regulated in Article 53 of this
law.
Article 72. A lump-sum of old age
pension
1.
The employee
who has paid social insurance premiums at least 30 years for man and 25 years
for women in additions to old age pension
shall be entitled a lump-sum benefit.
2.
The level of a
lump-sum benefit is computed based on the years of paying social insurance
premiums as from 31 years and more for man and as from 26 years and more for
woman. For each year of paying social insurance premiums, it is equivalent to
0.5 month of the average wage on which the social insurance premiums are based.
Article 73. A lump-sum social
insurance benefit for the employee who has not qualified for the monthly old
age pension.
The employee shall be
entitled to a lump-sum social insurance benefit if he/she meets one of the
following conditions:
1.
Having reached
the age of 60 for man and 55 for woman except the condition stipulated in
Provision 2, Article 70 of this law;
2.
Having
discontinued to pay social insurance premiums and having requested to a lump-sum of social insurance benefit but
having paid social insurance less than 20 years;
3.
Moving to
settle legally in a foreign country.
Article 74. Level of a lump-sum
social insurance benefit
The level of a lump-sum
social insurance benefit is computed based on the years of paying social
insurance premiums, for each year, he/she shall be entitled to 1.5 per cent of
the average wage on which the social insurance premiums are based.
Article 75. Reserving period of
paying social insurance premiums.
The employee who stops
paying voluntary social insurance premiums but has not reached entitlement for
a old age pension as stipulated in Article 70 or has not received a lump-sum
social insurance benefit as stipulated in Article 73 and 74 of this law shall
be entitled to reserve his/her period of paying social insurance premiums.
Article 76 Level of average monthly wage on which social
insurance premiums are based.
1.
The level of
an average monthly wage on is computed based on the levels of monthly wage on
which social insurance premiums are based for the whole period.
2.
The monthly wage on which social insurance
premiums are used as basis to pay his/her social insurance premiums shall be
adjusted based on the cost of living index of each stipulated by the
Government.
Session 2
Survivors’ benefit
Article 77. Funeral allowance
1.
The undertaker
who is responsible for funeral service of the following later on deceased
employee shall be given funeral allowance if:
a)
The later on deceased employee has paid voluntary social insurance premiums for
at least 5 years;
b)
The later on deceased employee has received monthly old age pension;
2.
The funeral
allowance is equivalent to 10 common minimum monthly wages.
3.
In case, the subject stipulated in Provision 1 of this
Article was deceased declared by court, his/her dependant relatives shall be
entitled to the funeral allowance stipulated in Provision 2 of this Article.
Article 78. Eligibility for survivors’ benefit
1.
The employee
has paid social insurance premiums/ reserved social insurance period/ received
monthly old age pension when he/she
dies, his/her dependant relatives shall be entitled to a lump-sum survivors’
benefit.
2.
The level of a
lump-sum benefit for dependants of the employee who has paid social insurance
premiums or reserved social insurance period is computed based on the period of
contributions to social insurance fund, equivalent to 1.5 months of average
monthly wage for each year on which social security premiums are based.
3.
The level of a
lump-sum benefit for dependants of the employee who receives monthly old age
pension is computed based on the period of paying social insurance premiums. If
he/she dies in the first 2 months entitlement of the old age pension, his/her
dependants shall receive a lump-sum allowance equivalent to 48 months of old
age pension; if he/she dies in the later months, for each month entitlement old
age pension, the level of pension benefit shall be reduced 0,5 month of the old
age pension.
Article 79. Computing old age
pension and survivors’ benefit for the employee who has paid compulsory social
insurance premiums then voluntary social insurance premiums.
1.
For the employee who has paid
compulsory social insurance premiums then voluntary social insurance premiums,
the computing is
done as basis for computing old age pension and survivors’ benefit based on the
period of paying compulsory social insurance premiums plus the period of paying
voluntary social insurance premiums.
2.
The computing
is done on the basis of the weighted average of the wage on which the social
insurance premiums of the employee are based in Provision 1 of this Article
regulated by the Government
Chapter V
Unemployment Benefit
Article 80. Coverage of
unemployment benefit
The employee who works
under the employment contract stipulated in Provision 3, and the employer
stipulated in Provision 4, Article 2 of this law shall be entitled to unemployment
scheme;
Article 81. Eligibility for
unemployment benefit
The unemployed
person shall be entitled to unemployment benefit if he/she meets the following
conditions:
1.
Having
paid unemployment insurance premiums for at least 12 months in 24 months prior
being unemployed.
2.
Having
registered as the unemployed person to the Unemployment Insurance Organization.
3.
Has
not found a job after 15 days registered with the Unemployment Insurance
Organization stipulated in Provision 2 of this Article;
Article 82. Unemployment benefit
1.
The level of unemployed benefit is equivalent to
60 percent of the average wage of six months prior to loosing job on which the
social security premiums are based.
2.
The duration
of unemployment benefit is regulated as follows:
a)
3 months, if the
employee has paid unemployment insurance premiums from 12 months to less than
36 months
b)
6 months, if the
employee has paid unemployment insurance premiums from 36 months to less than
72 months;
c)
9 months, if the
employee has paid unemployment insurance premiums from 72 months to less than
144 months;
d) 12 months, if the employee has paid
unemployment insurance premiums for at least 144 months.
Article 83. Support for
Vocational training
The unemployed
person who receives unemployment benefit shall be supported in vocational
training for a period not exceeding 6 months. The level of the supporting fee
is equivalent to the level of the fee for a short-term vocational training
regulated in the law on vocational training.
Article 84. Support for job
seeking
The unemployed
person who receives unemployment benefit shall be supported in finding a job
and providing employment advisory services free of charge.
Article 85. Health insurance
1.
The unemployed
person who receives unemployment benefit shall be also entitled to health
insurance.
2.
The health insurance of the unemployed person who
receives unemployment benefit shall be paid by the social insurance
organization;
Article 86. Suspending
unemployment benefit.
The
unemployment benefit of the unemployed person shall be suspended if he/she is
under one of the following cases:
1.
False to
comply with regulations stipulated in Point b of Provision 2, Article 16 of
this law;
2.
Put in
temporary detention.
Article 87. Termination of
unemployment benefit
1.
The unemployed
person shall be terminated unemployment benefit if he/she is under one of the
following cases:
a) His/her unemployment benefit period expires;
b) He/she finds a job;
c) He/she serves in the army service;
d) He/she receives monthly old age pension;
e) He/she refuses to take a job offered twice by the
Unemployment Insurance Organization with out legitimate reasons.
f)
He/she fails to comply with
regulations stipulated in Point b of Provision 2, Article 16 of this law in
uninterrupted 3 months;
g) He/she settles in foreign country;
h) He/she is under administrative punishment at centre
for re-education or health station or serves an imprisonment sentence except in
custody case;
i)
He/she dies.
2.
The unemployed
person who is terminated unemployment benefit stipulated in Points b and c of
Provision 1 of this Article shall be entitled to a lump-sum benefit equivalent
to the balance of the total unemployment benefit stipulated in Article 82 of
this law.
3.
After the
termination of unemployment benefit stipulated in Provision1 of this Article,
the previous period of paying unemployment insurance premiums shall not be
taken into account for the next unemployment benefit.
Chapter VI
SOCIAL INSURANCE FUND
Section 1
Compulsory Social Insurance Fund
Article 88. Sources of the social
insurance fund
1.
Social
insurance premiums paid by employers stipulated in Article 92 of this law;
2.
Social
insurance premiums paid by employees stipulated in Article 91 of this law;
3.
Profit earned
from the fund;
4.
Contributions
from the State;
5.
Other legal
sources.
Article 89. Components of the social insurance fund
1.
The fund for
Sickness and Maternity benefit;
2.
The fund for
Employment injury and Occupational disease benefit;
3.
The fund for a
Old age Pension and Survivor’s benefit.
Article 90. Utilization of the
Fund
1.
Pay for the
employee who is entitled to social insurance benefit stipulated in Chapter III
of this law;
2.
Pay health
insurance premiums for the employee who receives the monthly old age pension or
on monthly employment injury and occupational disease benefit;
3.
Cover for
management expenses;
4.
Cover for
rewarding stipulated in Provision 2, Article 133 of this law.
5.
Invest for
raising fund's preservation and growth in accordance with the regulations
stipulated in Article 96 and Article 97 of this law.
Article 91. Level and mode of
paying social insurance premiums from the employees
1.
Every month,
the employee stipulated in Points a,b,c and d of Provision 1, Article 2 of this
law shall pay social insurance premiums equivalent to 5 percent of the wage on
which social insurance premiums are based, to the pension and survivors’ fund;
from 2010, the contribution rate will be increased 1 per cent for every 2 years
until it reaches 8 per cent.
2.
For the employee who is on the pay roll of business
production cycle in agricultural forestry, piscicultural and salt farms, the
level of monthly social insurance premiums paid by the employee is stipulated
in Provision 1 of this Article. The mode of paying social insurance premiums
can be on monthly and quarterly basis or
every six months.
3.
The level and
mode of paying social insurance premiums by the employee stipulated in Point e
of Provision 1, Article 2 of this law are regulated by the Government.
.
Article 92. Level and mode of paying social insurance premiums from the employers
1.
The employer
shall pay social insurance premiums monthly from the employee’s wage fund on which social
insurance premiums are based stipulated in Points a,b,c and d of Provision 1,
Article 2 of this Law as follows:
a)
3 percent to the
sickness and maternity fund, of which 2 per cent for the employer to pay for
the entitled employees in times stipulated in Session 1 and Session 2, Chapter
III of this law and draw the balance sheet with the social insurance
organization quarterly;
b)
1 percent to the
employment injury and occupational disease fund;
c)
11 per cent to the
old age pension and survivor’s fund, from 2010 the contribution rate will be
increased 1 per cent for every 2 years until it reaches 14 per cent
2.
The employer
shall pay social insurance premiums monthly based on the common minimum
wage of the employee stipulated in Point
e of Provision 1, Article 2 of this law as follows:
a)
1 percent to the
employment injury and occupational disease fund;
b)
16 per cent to the
old age pension and survivor’s fund; from 2010
the contribution rate will be increased 1 per cent for every 2 years
until it reaches 22 percent .
3.
For the
employers who run agricultural, forestry, pisci-cultural and salt farms and pay
employee’s wage based on business production cycle, the level of monthly social
insurance premiums is stipulated in Provision 1 of this Article. The mode of
paying social insurance premiums can be on monthly, quarterly basis or every six months.
Article 93. Suspending of
contributing to pension and survivor’s
fund
1.
The employer
who suffers from natural calamity, failure of crops, or temporary ceasing
production because of difficulties which lead to incapacities to contribute to
the old age pension and survivor’s fund shall be allowed to suspend
contributions to old age pension and survivor’s fund but not exceeding 12
months.
2.
The Government
regulates specific conditions, period and authorization of suspending.
Article 94. Monthly Wage on which social insurance
premiums are based
1.
For the
employee, who is getting wage as defined in the wage scale set by the
Government, the monthly wage on which social insurance premiums are based shall
be the wage based on the rank, position, military rank, leadership allowance,
seniority allowance, regional allowance, and allowance for retained ratio
differential, if any. This wage is computed based on the common minimum wage.
2.
For the
employee, who is getting wage as defined in the wage scale set by the employer
in accordance with the regulations in the Labour Code, the monthly wage on which the social
insurance premiums are based shall be the wage written in employment contract.
3.
In case, the
wage level stipulated in Provision 1 and 2 of this Article is higher than the
common minimum wage 20 times, the wage which is used to calculate social
insurance premiums shall be equivalent to 20 times of the common minimum wage.
Article 95.
Management fee
1.
The annual
management fee of the compulsory social insurance is extracted from the profit
earned from the investment of the fund.
2.
The management fee of the compulsory social
insurance is equivalent to the management fee of the State Administrative
Organization. .
Article 96. Investment principle
The investment activity
of the social insurance fund must be safe, effective and easy to take back when
required;
Article 97. Mode of investments.
1.
Buying bonds,
treasury bills, public debts of the Government or Government Commercial Banks.
2.
Lending to
Government Commercial Banks.
3.
Investing in
National Priority Economic Works.
4.
Other
investments regulated by the Government.
Section 2
Voluntary Social Insurance
Fund
Article 98. Sources of voluntary
social insurance fund
1.
Social
insurance premiums paid by employees stipulated in Article 100 of this Law;
2.
The Profit
earned from investment activity of the fund;
3.
Contributions
from the State;
4.
Other legal
sources.
Article 99. Utilization of
voluntary Social Insurance Fund
1.
Pay for the
employee who is entitled to social insurance benefit stipulated in Chapter IV
of this law;
2.
Pay health
insurance premiums for the insured employee who receives the monthly old age
pension under the voluntary social insurance;
3.
Cover
management expense;
4.
Invest for
raising and preserving fund stipulated in Article 96 and Article 97 of this
law.
Article 100. Level
and Mode of paying social insurance premiums from employees
1.
The level of
monthly contribution is equivalent to 16 per cent of the wage selected by the
employee on which the social insurance premiums are based; from 2010 the
contribution rate will be increased by 2 per cent every 2 years until it
reaches 22 percent.
The wage on which the social insurance premium is based
shall be changed based on the solvency of the employee in each period, but not
lower than the common minimum wage and not exceeding 20 times of the common
minimum wage.
2.
The employee
can select one of the following modes of paying voluntary social insurance
premiums:
a)
on a monthly basis;
b)
on a quarterly
basis;
c)
on every six months;
Article 101. Management expense
1.
The annual
management fee of the voluntary social insurance is extracted from the profit
earned from the investment of the fund.
2.
The management fee of the voluntary social
insurance is equivalent to the management fee of the State Administrative Organization.
Section III
Unemployment Insurance Fund
Article 102. Sources of the
Unemployment insurance fund
1.
The employees
pay 1 percent of the monthly wage on which social insurance premiums are based;
2.
The employers
pay 1 percent of the monthly wage of the insured persons on which the social
insurance premiums are based;
3.
The Government
contribute the amount equivalent to 1 percent of the monthly wage of the
insured persons on which the social insurance premiums are based from the State
budget and transfer the money to the social insurance fund one time per year.
4.
Profit earned
from the investment of the fund;
5.
Other legal
sources.
Article 103. Utilization of the
Unemployment Insurance Fund
1.
Pay for
unemployment benefit;
2.
Support for
vocational training;
3.
Support for
unemployed persons who are looking for a new job;
4.
Pay Health
Insurance for the person who receives unemployment insurance benefit;
5.
Cover
management expense;
6.
Invest for
raising and preserving fund stipulated in Article 96 and Article 97 of this
law.
Article 104. Management fee
The management fee of
the unemployment insurance is equivalent to the management fee of the State
Administrative Organization.
Article 105. Monthly wage on
which unemployment insurance premiums are based on
The monthly wage on
which unemployment insurance premiums are based is stipulated in Article 94 of
this law.
Chapter VII
SOCIAL INSURANCE ORGANIZATION
Article 106. Social insurance
organization
1.
Social
insurance organization is an administration organization which has functions of
the implementation of social insurance regimes, social insurance policies,
management and utilization of social insurance fund in accordance with
regulations in this Law.
2.
The
organizational structure of social insurance organization is regulated by the
Government.
Article 107. Social Insurance
Management Board
1.
The Social
Insurance Management Board is established by the Government. Its functions are
to monitor and control activities of social insurance organization.
2.
The Social Insurance
Management Board comprises representatives from the Ministry of Labour,
Invalids and Social Affairs, Ministry of Finance, the Viet Nam General
Confederation of Labour, the Chamber and Commerce Industry of Viet Nam, Viet
Nam Cooperatives Alliance, Social Insurance Organization and other members
assigned by the Government;
3.
The Social
Insurance Management Board comprises President, Vice-presidents and other
members assigned and dismissed by the Prime-Minister;
4.
The Government
issues operation regulations for the Social Insurance Management Board.
Article 108. Functions of the
Social Insurance Management Board:
1.
To appraise the annual Action Plan of the Social
Insurance Organization as well as to monitor and control the implementation of
the Action Plan.
2.
To make a
decision on the mode of investment of the social insurance fund at the request
of the Social Insurance Organization;
3.
To propose to
State Administration Organizations on amending, supplementing social insurance
policies and regimes; development strategy of the organization, and
strengthening the organizational system .
4.
To request the
Prime-Minister to assign and to dismiss titles of leader of Social insurance
Organization.
Chapter VIII
Procedures of Social insurance
Implementation
Article 109. Social Insurance
Booklet
1.
The social
insurance booklet shall be issued to each employee to keep track of the
contributions and entitlement of social insurance benefits and also be used to
settle the social insurance benefits stipulated in this law. The sample of
social insurance Booklet is regulated by the Social Insurance Organization.
2.
The social
security booklet shall be gradually replaced by an electronic card during the
process of application of informatic technology in social insurance management.
The Government shall regulate procedures of social insurance implementation
while using the social insurance card.
Article 110. Profile of the insured persons
1.
The profile of
the insured person for compulsory social insurance comprises:
a)
An individual
declaration form of the employee issued by the social insurance organization;
b)
List of voluntary
social insurance participants prepared by the employer;
c)
A copy of the
Decision on the Establishment or Certification of Business Registration or
Business License of the employer who joins social insurance for the first time;
labour contract with the employer who employs the employee.
2.
The profile of
the insured person for voluntary social insurance comprises an individual
declaration form issued by the social insurance organization.
3.
The profile of
insured person of unemployment insurance
scheme comprises:
a)
An individual
declaration form issued by the social insurance organization;
b)
List of insured
persons of unemployment insurance scheme prepared by the employers .
Article 111. Issuance of social
insurance booklet
1.
Within 30 days
from the date of signing labour contract or recruiting employees, the employer
submits the profile of his/her employees for social insurance benefits to the
social insurance organization as stipulated in Provision 1 and Provision 3,
Article 110 of this law.
2.
The employee
submits the profile to the social insurance organization as stipulated in
Provision 2, Article 110 of this law.
3.
The Social
Insurance Organization has the responsibility of issuance of social insurance
booklet for insured persons within 30 days, from the date of receiving profile of the employees under the
compulsory social insurance and unemployment insurance; and within 20 days from
the date of receiving profile of the
employees under the voluntary social insurance; in case the social insurance
booklet can not be issued , a written response to explain the reason has to be
sent to the claimant.
Article 112. Profile of insured
employee for sickness benefit
1.
Social insurance
booklet.
2.
Medical
certificate if he/she is outpatient treatment; Certificate of being discharged
from hospital if he/she is inpatient treatment from the medical station; Certificate of being discharged from hospital
or diagnose note of the hospital if he/she has disease which needs long
treatment ;
3.
Certificate
from the employer to certify working conditions for the employee who works in
heavy or hazardous occupation/job or in areas
where the area allowance is indexed at least 0.7.
4.
Certificate
from the employers to certify the duration of taking leave to look after a sick
child together with a medical examination certificate of the child for those
taking leave to look after a sick child.
5.
A list of sick
employees or employees who have sick children prepared by the employers
Article 113. Profile of insured
employee for maternity benefits
includes:
1.
Social
insurance booklet.
2.
A copy of the
certificate of birth or of birth notice or a copy of the certificate of death,
if the infant or the mother dies;
In case female employee
takes maternity leave for check-up, suffers from miscarriage, abortion,
vasectomy or death fetus and uses family planning measures, she must obtain the
certificate issued by authorized medical facility; if she adopts an infant (s),
it needs to have certificate as regulated by law;
3.
A copy of the
certificate from the employer on working conditions for the employee who works
in hazardous occupation, on heavy duty job, on 3 shifts duty and in areas where
the area allowance is indexed at least
0,7; or the certificate from the employer for the disable female employees.
4.
A list of
employees taking maternity leave prepared by the employers.
Article 114. Profile of insured person for Employment
injury benefits.
1.
Social
insurance booklet.
2.
Inspection
minute of employment injury; in case of traffic accident which is identified as
employment injury, there should have a copy of minute of traffic accident.
3.
Certificate of
being discharged from hospital after the employment injury treatment;
4.
Minutes of
assessment of losing earning capacity issued by Medical Assessment Board.
5.
Letter
requesting for entitlement of employment injury benefits.
Article 115. Profile of insured
employee for occupational disease benefits comprises:
1.
Social
insurance booklet.
2.
Minute of
measuring noxious factors at work place. In case the minute is used for number
of employees, each employee should have a copy of the minute for his/her own
profile.
3.
Certificate of
being discharged from hospital; in case, he/she is outpatient treatment, there
should be an occupational medical certificate.
4.
Minute of
assessment of incapacities for work from the Medial Assessment Board;
5.
Letter
requesting for occupational disease benefit.
Article 116. Profile of insured
employee for health saving and rehabilitation benefits
1.
List of
benefited employees for sickness, maternity, employment injury and occupational
disease but still not fully be recovered after the treatment prepared by the
employers;
2.
Requesting
letter for health saving and rehabilitation benefits.
Article 117. Settle claims for
sickness, maternity and health saving and rehabilitation benefits
1.
Within 3 days,
from the date of receiving relevant valid papers from the insured employees
stipulated in Articles 112,113 and 116 of this law, the employers has to settle
the sickness and maternity benefits for the insured employees.
2.
The employers
have to submit the profiles of the benefited employees for sickness, maternity
and health saving and rehabilitation to the social insurance organization
quarterly stipulated in Articles 112,113 and 116 of this law.
3.
The Social
Insurance Organization has to settle the claims of the insured persons within
15 days from the date of receiving their
valid profiles; in case, it can not be settled, a written response to explain
the reason has to be sent to the claimant.
Article 118. Settle claims for
employment injury and occupational disease, health saving and rehabilitation
benefit after the treatment periods.
1.
The employer
submits the profiles to the social insurance organization as stipulated in
Articles 114 and 115 and 116 of this law.
2.
The Social
Insurance Organization has to settle the claims within 15 days from the date
of receiving their valid profiles; in
case, it can not be settled, a written response to explain the reason has to be
sent to the claimant..
Article 119. Profile of insured
employees of compulsory social insurance for old age benefits.
1.
Social
Security Booklet.
2.
Decision of
employment termination or labour contract termination for those who are paying
social insurance premiums; requesting letter for the old age pension for those
reserving social insurance period;
3.
Assessment
minute of losing earning capacity issued by Medical Assessment Board for the
retired employee stipulated in Article 51 of this law.
Article 120. Profile of the
insured person of compulsory social insurance for a lump-sum benefit.
1.
Social
Security Booklet.
2.
Decision of
employment termination or labour contract termination for those stipulated in
Point a of Provision 1, Article 55; Decision of soldier demobilizing and
employment ceasing stipulated in Provision 2, Article 55 of this law ;
3.
Assessment
minute of losing earning capacity issued by Medical Assessment Board for those
stipulated in Point b of Provision 1,
Article 55 of this law.
4.
A copy of
resident permit in a foreign country for those stipulated in Point d of
Provision 1, Article 55 of this law.
5.
Requesting
letter for a lump-sum benefit from the employee stipulated in Point c of
Provision 1, Article 55 of this law
Article 121. Profile of the
insured person under the compulsory social insurance for survivors’ benefits
1.
The profile of
the insured employee of compulsory social insurance for survivors’ benefit who
is paying social insurance premiums and reserving social insurance period is as
follows:
a)
Social security
Booklet;
b)
Death
certificate/death notice or declaration of later on deceased person from the
court;
c)
Declaration form for
dependant relatives of the later on deceased employee issued by social
insurance organization;
d)
Inspection minute of
employment injury and occupational disease treatment record in case the later on deceased employee dies because
of employment injury and occupational disease.
2.
The profile
for survivors’ benefit of the employee
who receives monthly old age pension, employment injury and occupational
disease having lost at least 61 percent of earning capacity comprises:
a)
Death
certificate/death notice or declaration of later on deceased person from the
court.
b)
Declaration form for
the dependants of the death employee issued by social insurance organization.
Article 122. Settle claims for a
old age pension, lump-sum and survivors’ benefits of the insured employee under
compulsory social insurance
1.
The employer
submits the profile of the employees to the social insurance organization as
stipulated in Article 119, Article 120 and Provision 1, Article 121 of this
law.
2.
The employee
who no longer worked for the employer shall submits his/her profile directly to
the social insurance organization as stipulated in Article 119 and 120 of this
Law.
3.
The dependant
relatives of the insured person under monthly old age pension and employment
injury, occupational disease benefits, who have lost at least 61 percent of
earning capacity shall submit the profiles to the social insurance organization
as stipulated in Provision2, Article 121 of this law.
4.
The Social
Insurance Organization has to settle claims of the insured persons within 30
days from the date of receiving their
profiles to claim for monthly old age benefits and within 15 days for a
lump-sum and survivors’ benefits; in case, it can not be settled, a written
response to explain the reason has to be sent to the claimant.
Article 123. Profile of insured
persons for old age pension, a lump-sum and survivors’ benefits under voluntary social insurance.
1.
The profile
of old age pension and a lump-sum
benefits comprises:
a)
Social security
Booklet;
b)
Declaration form
issued by social insurance organization.
2.
The profile of
survivors’ benefit comprises:
a)
Social security
Booklet of the employee who is paying social insurance premiums;
b)
Death
certificate/death notice or declaration of later on deceased person from the
court ;
c)
Declaration form for
the dependants
issued by social insurance organization
Article 124. Settle claims for
old age pension and survivors’ benefit of the employee under voluntary social
insurance.
1.
The employee
submits the profile to the social insurance organization as stipulated in
Provisions 1, Article 123; Dependants of the benefited employee who are on the
old age pension submit the profile as stipulated in Provision 2, Article 123
of this law.
2.
The Social
Insurance Organization has to settle claims of the insured persons within 20
days from the date of receiving their
profiles to claim for monthly old age benefits and within 10 days for a
lump-sum and survivors’ benefits; in case, it can not be settled, a written
response to explain the reason has to be sent to the claimant.
Article 125. Profile claim
for unemployment benefits includes:
1.
Requesting
letter for unemployment entitlements issued by the social insurance
organization.
2.
A copy of
labour contract, labour contract termination or agreement of labour contract
termination, the latest labour contract or certificate of the latest employer
before unemployed on the legal unilateral termination of labour contract.
Article 126. Settle claims for unemployment benefit
1.
The employee
submits the profile claim for unemployment benefits to the social insurance
organization as stipulated in Article 125
of this law.
2.
The Social
Insurance Organization has to settle claims of the insured persons within 20
days from the date of receiving their
profiles to claim for the unemployment benefits, in case, it can not be
settled, a written response to explain the reason has to be sent to the
claimant. .
Article 127. Profile claim for
old age pension, lump-sum benefit of the benefited person whose imprisonment
term expires.
1.
For person who
has not received the old age pension, lump-sum benefit, the profile comprises:
a)
Social insurance
booklet;
b)
A copy of
certification of expiry of the imprisonment term ;
c)
Requesting letter
for social insurance benefits.
2.
For person was
on monthly old age pension and social insurance benefit, the profile comprises:
a)
A copy of certification of expiry of
imprisonment term;
b)
Requesting letter for resuming of
social insurance benefits.
Article 128. Settle claims for
the old age pension and a lump-sum social insurance benefit for the person
whose imprisonment term expires.
1.
The employee
submits profile claim to the social insurance organization as stipulated in
Article 127 of this law.
2.
Within 30
days, since receiving fully profile claim as stipulated in Provision 1 of this
Article, the social insurance organization shall settle it, in case, it can not
be settled, a written response to explain the reason has to be sent to the
claimant.
Article 129. Change of the
location of receiving the old age pension and social insurance benefit
When the employee who receives monthly old age pension and
social insurance benefit moves to a new place in the country and would like to
receive social insurance benefit in a new place, he/she has to send requesting
letter to social insurance organization at the place where he/she is receiving
social insurance benefit.
Within 5 days, since receiving requesting letter, the social
insurance organization shall settle it, in case, it can not be settled, a
written response to explain the reason has to be sent to the claimant.
Chapter VIX
HANDLING SOCIAL INSURANCE
COMPLAINTS AND DENOUNCEMENTS
Article 130. Complains on Social
insurance
1.
Employees who
are on monthly old age pension, social insurance benefit, preserving social
insurance period and others have the rights to complain about unsatisfied
decisions and acts of the employer, Social Security organization when they have
cases to prove these decisions and acts violate regulations on social insurance
and their legal rights and benefits;
2.
Employers have
the rights to complain about unsatisfied decisions and acts of Social Security
organization, when they have cases to prove these decisions and acts violate
regulations on social insurance and their legal rights and benefits;
Article 131. Jurisdiction, order
and procedure to settle complaints
1.
The settlement
of complaints for administrative decisions and acts on social insurance shall
be implemented in accordance with regulations on complaints and denouncements.
2.
The settlement
of complaints for administrative decisions and acts on social insurance which
is not under regulations stipulated in Provision 1 of this article shall be
implemented as follows:
a)
The person who has
authorization to settle the first complaints on social insurance shall make
decision on complained decisions and acts;
In case, this
person does not exist, the State Administration organization on labour at
District level
shall be authorized to settle the complaints.
b)
In case, the
complaining employee does not agree with the first decision on complaints or
the deadline was passed and the complaints have not been settled, he/she has
the rights to bring the complaints to the court or send the complaints to the
State Administration Organization on labour at provincial level.
c)
In case, the
complaining employee does not agree with the first decision on complaints of
the State Administration Organization on labour at provincial level or the
deadline was passed and the complaints have not been settled, he/she has the
right to bring these complaints to the court.
d)
The effective time
of the complaints and the deadline for complaint settlement are in accordance
with regulations on complaints and denouncements in the law.
Article 132. Denouncements and
settling denouncements on social insurance
The
denouncements and settling denouncements on the violation of social insurance
shall be
implemented in accordance with regulations on complaints and denouncements of
the law.
Chapter X
REWARDING AND DISCIPLINING
VIOLATIONS
Article 133. Rewarding
1.
Organizations,
agencies and individuals who have made outstanding achievements in the
implementation of this law or found out the violations on social insurance
shall be rewarded as stipulated in the law .
2.
The employer
who implements well labour safety, employment injury and occupational disease
prevention shall be awarded from the employment injury and occupational disease
fund in accordance with Government’s regulations.
Article 134. Violations on paying
social insurance premiums
1.
Refuse to pay
social insurance premiums;
2.
Pay social
insurance premium late;
3.
The level of
paying social insurance premiums does not follow the level as regulated
4.
Pay social
insurance premiums for the number of employees less than the number of the
entitled employees as regulated.
Article 135 Acts on the violation
of social insurance administrative procedures
1.
Create
difficulties or block the employees in entitling social insurance benefit,
intentionally;
2.
Refuse to
issue or to release social insurance booklet to the employees as stipulated in
this law;
Article 136 Acts on the
violations of the utilization of social insurance contributions and social insurance fund.
1.
Utilize social
insurance contributions and insurance fund contrary to the law;
2.
Report
contrary to fact, provide error information and data on the utilization and
management of insurance premiums and social insurance fund.
Article 137. Acts on the
violations of the law in making profile to get benefits from social insurance
fund.
1.
Make fraud and
forging of profile;
2.
Issue
certificate and provide wrong assessment of losing earning capacity.
Article 138. Handling violations
1.
Any bodies,
units, organizations and individuals that violate social insurance regulations
stipulated in Article 134, 135, 136 and 137 of this law shall depending on the
nature, extent of violation and damage, be dealt with by being administratively
sanctioned in compliance with administrative sanctioning regulation or making
compensation for damage in compliance with the law.
2.
Individuals
who violate regulations stipulated in Article 134, 135, 136 and 137 shall, depending on the nature, extent of
violation and damage, be dealt with by being administratively sanctioned in
compliance with administrative sanctioning regulation or be criminally
prosecuted; if making damage, he/she has to make compensation for damage in
compliance with the law in compliance with the law.
3.
The employer
who refuses to pay, pays not enough or pays social insurance premiums of
compulsory and unemployment social insurance at least 30 days late as
regulated, in addition to regulated insurance premiums which have not been
paid, paid late and administrative sanctioning fee, he/she has to pay the interest of the amount
of money which has not been paid, paid late at investment level of the social
insurance fund within the year.
In case the employer fails to comply regulations stipulated
in this Provision, at the request of the authorized person who is responsible
for sanction of violations of finance and banking and other credit
organizations, the state treasury shall be responsible for deduction their
contributions from his/her Bank account to pay insurance premiums which have
not been paid, paid late and the interest of this amount.
Chapter XI
IMPLEMENTATION
PROVISION
Article 139. Transitional provision
1.
Regulations in
this law are applied to those participating in social insurance system before
this law comes into effects.
2.
The employee
who receives monthly old age pension,
incapacity for work, employment injury and occupational disease
benefits, survivors’ benefit and the employee for whom social insurance is
temporary terminated because of violating law prior to the effective date of
this Law shall continue to receive social insurance benefits in accordance with
regulations stipulated before and the level of benefit shall be adjusted in
accordance with law.
3.
The employee
who receives monthly old age pension, incapacity for work, employment injury
and occupational disease benefits prior
the effective date of this Law, dies, he/she shall be entitled to survivors’
benefits as stipulated in this law.
4.
The working
period of the employee who worked in state sector before 1 January 1995 has not
received a lump-sum of employment termination or a lump-sum benefit,
demobilized soldier benefit shall be computed as period of paying social
insurance premiums.
5.
Every year,
the money shall be transferred from the State Budget to the compulsory social
insurance fund to pay for the old age pension, social insurance benefit for
those who are entitled monthly old age pension and social insurance prior 1 January
1995; pay for social insurance premiums for the period prior 1 January 1995 for
those stipulated in Provision 4 of this law.
6.
The period of
paying social insurance premiums of the employee stipulated in this law shall
not be taken into account for unemployment benefits or employment termination
benefit as stipulated in the labour law and law on staff and government
officials.
Article 140. Validity
1.
This Law shall
enter into effect as of 1 January 2007, for voluntary social insurance
benefits, the effective date is as of 1 January 2008, and for unemployment
insurance benefits, the effective date is as of 1 January 2009.
2.
Previous
regulations which are contrary to this Law are repealed.
Article 141. Guidance for the
implementation
The Government shall
provide detailed guidelines for the implementation of this Law.
This law
was passed by the National Assembly of the
Chairman
of National Assembly
Nguyen
Phu Trong