Insure - Social Insurance Law from January 1, 2007

THE LAW

SOCIAL INSURANCE

OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
NO. 71/2006/QH11 DATED JUNE 29, 2006

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented according to Resolution No. 51/2001/QH10 dated December 25, 2001 of the Xth National Assembly, 10th session;

This law provides for social insurance.

Chapter I General Provisions

Article 1. Scope

1. This Law regulates social insurance regimes and policies; rights and responsibilities of employees, agencies, organizations and individuals participating in social insurance; social insurance organization; social insurance fund; procedures for implementing social insurance and state management of social insurance.

2. This law does not apply to health insurance, deposit insurance and other types of business insurance.

Article 2. Subjects of application

1. Employees participating in compulsory social insurance are Vietnamese citizens, including:

a) People working under an indefinite-term labor contract or a labor contract with a term of three months or more;

b) Officials, civil servants and public employees;

c) National defense workers, police workers;

d) Officers and professional soldiers of the People's Army; officers, professional non-commissioned officers, officers, technical non-commissioned officers of the People's Public Security; People who do cipher work receive the same salary as the people's army and people's police;

d) Non-commissioned officers and soldiers of the People's Army and non-commissioned officers and soldiers of the People's Public Security serving for a limited period of time;

e) People who work abroad for a limited time and have previously paid compulsory social insurance.

2. Employers participating in compulsory social insurance include state agencies, public service units, and people's armed forces units; political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, other social organizations; foreign agencies, organizations, and international organizations operating in Vietnamese territory; enterprises, cooperatives, individual business households, cooperative groups, other organizations and individuals that hire, employ and pay workers.

3. Employees participating in unemployment insurance are Vietnamese citizens working under labor contracts or employment contracts that have an indefinite term or a definite term of from twelve months to three months. sixty-six months with the employer specified in Clause 4 of this Article.

4. Employers participating in unemployment insurance are employers specified in Clause 2 of this Article that employ ten or more employees.

5. Voluntary social insurance participants are Vietnamese citizens of working age, not subject to the provisions of Clause 1 of this Article.

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

Employees participating in compulsory social insurance, employees participating in unemployment insurance, and participants in voluntary social insurance are hereinafter collectively referred to as employees.

Article 3. Explanation of terms

In this Law, the following terms are understood as follows:

1. Social insurance is a guarantee to replace or partially compensate employees' income when they lose or lose income due to illness, maternity, work accidents, occupational diseases, unemployment, etc. reach the end of working age or die, based on contributions to the social insurance fund.

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

3. Voluntary social insurance is a type of social insurance in which employees voluntarily participate and can choose the payment level and payment method appropriate to their income to enjoy social insurance.

4. Unemployed people are people who are paying unemployment insurance but have lost their job or terminated their labor contract or work contract but have not found a job.

5. Social insurance payment period is the time calculated from the time the employee starts paying social insurance until he stops paying. In case the employee pays social insurance intermittently, the time of social insurance payment is the total time of social insurance payment.

6. The general minimum wage is the lowest wage announced by the Government from time to time.

7. Relatives are children, spouse, biological father, biological mother, father-in-law, mother-in-law or mother-in-law of a person participating in social insurance; another person that the social insurance participant is responsible for caring for.

Article 4. Social insurance regimes

1. Compulsory social insurance includes the following regimes:

a) Sickness;

b) Maternity;

c) Labor accidents and occupational diseases;

d) Retirement;

d) Death.

2. Voluntary social insurance includes the following regimes:

a) Retirement;

b) Death.

3. Unemployment insurance includes the following regimes:

a) Unemployment benefits;

b) Vocational training support;

c) Job search support.

Article 5. Principles of social insurance

1. Social insurance benefits are calculated based on the level of payment, time of social insurance payment and are shared among social insurance participants.

2. Compulsory social insurance and unemployment insurance premiums are calculated on the basis of the employee's salary and wages. Voluntary social insurance contributions are calculated based on the income level chosen by the employee, but this income level is not lower than the general minimum wage.

3. Employees who pay both compulsory social insurance and voluntary social insurance are entitled to retirement and death benefits based on the time they have paid social insurance.

4. The social insurance fund is managed uniformly, democratically, publicly, transparently, is used for the right purpose, and is independently accounted for according to the component funds of compulsory social insurance and social insurance. voluntary associations and unemployment insurance.

5. The implementation of social insurance must be simple, easy, convenient, ensuring timely and complete benefits of social insurance participants.

Article 6. State policy on social insurance

1. The State encourages and creates conditions for agencies, organizations and individuals to participate in social insurance.

2. The State has a policy of prioritizing investment in social insurance funds and other necessary measures to preserve and grow the fund. The social insurance fund is protected by the State and is not bankrupt.

Pensions, social insurance benefits, and profits from investment activities from social insurance funds are exempt from tax.

Article 7. Content of state management of social insurance

1. Develop and organize the implementation of social insurance strategies, regimes and policies.

2. Promulgate and organize the implementation of legal documents on social insurance.

3. Propagate and disseminate social insurance regimes, policies and laws.

4. Carry out statistics and information on social insurance.

5. Organize the social insurance implementation apparatus; Training and fostering human resources working in social insurance work.

6. Inspect and examine compliance with social insurance laws; Resolve complaints, denunciations and handle violations of the law on social insurance.

7. International cooperation on social insurance.

Article 8. State management agency on social insurance

1. The Government unifies state management of social insurance.

2. The Ministry of Labor, War Invalids and Social Affairs is responsible before the Government for implementing state management of social insurance.

3. Ministries and ministerial-level agencies, within the scope of their tasks and powers, perform state management of social insurance.

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

Article 9. Modernization of social insurance management

1. The State encourages investment in developing advanced technology and technical means to ensure the application of modern social insurance management methods.

2. The Government specifically regulates the application of information technology in social insurance management.

Article 10. Social insurance inspection

1. The Labor, War Invalids and Social Affairs Inspectorate performs specialized inspection functions on social insurance.

2. The organization, tasks and powers of specialized inspection of social insurance are implemented in accordance with the law on inspection.

Article 11. Rights and responsibilities of trade unions

1. Trade union organizations have the following rights:

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

b) Request employers and social insurance organizations to provide information about employees' social insurance;

c) Make recommendations to competent state agencies to handle violations of the law on social insurance.

2. Trade union organizations have the following responsibilities:

a) Propagate and disseminate social insurance regimes, policies and laws to employees;

b) Recommend and participate in developing, amending and supplementing social insurance regimes, policies and laws;

c) Participate in inspection and supervision of the implementation of laws on social insurance.

Article 12. Rights and responsibilities of employer representatives

1. The employer representative has the following rights:

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

b) Make recommendations to competent state agencies to handle violations of the law on social insurance.

2. The employer representative has the following responsibilities:

a) Propagate and disseminate social insurance regimes, policies and laws to employers;

b) Recommend and participate in developing, amending and supplementing social insurance regimes, policies and laws;

c) Participate in inspection and supervision of the implementation of laws on social insurance.

Article 13. Reporting and auditing regime

1. Every year the Government reports to the National Assembly on the management and use of social insurance funds.

2. Every three years, the State Audit audits the social insurance fund and reports the results to the National Assembly. In necessary cases, at the request of the National Assembly, the National Assembly Standing Committee or the Government, the social insurance fund is audited unexpectedly.

Article 14. Prohibited acts

1. Not paying social insurance according to the provisions of this Law.

2. Fraud and falsification of records in implementing social insurance.

3. Using social insurance funds for the wrong purpose.

4. Causing trouble, obstacles, and damage to the legitimate rights and interests of employees and employers.5. Reporting falsely, providing false information and data on social insurance.

Chapter II: RIGHTS AND RESPONSIBILITIES OF EMPLOYEES,

EMPLOYERS, SOCIAL INSURANCE ORGANIZATIONS

Article 15. Rights of workers

Employees have the following rights:

1. Be issued a social insurance book;

2. Receive a social insurance book when you no longer work;

3. Receive pension and social insurance benefits fully and promptly;

4. Enjoy health insurance in the following cases:

a) Currently receiving pension;

b) Take leave to enjoy monthly labor accident and occupational disease benefits;

c) Currently receiving unemployment benefits;

5. Authorize another person to receive pension or social insurance benefits;

6. Request the employer to provide information specified in Point h, Clause 1, Article 18; request social insurance organizations to provide information specified in Clause 11, Article 20 of this Law;

7. Complaints and denunciations about social insurance;

8. Other rights as prescribed by law.

Article 16. Responsibilities of employees

1. Employees have the following responsibilities:

a) Pay social insurance according to the provisions of this Law;

b) Implement regulations on preparing social insurance records;

c) Preserve social insurance books according to regulations;

d) Other responsibilities as prescribed by law.

2. In addition to implementing the provisions in Clause 1 of this Article, employees participating in unemployment insurance also have the following responsibilities:

a) Register unemployment with the social insurance organization;

b) Notify the social insurance organization monthly about finding a job while receiving unemployment benefits;

c) Get a job or participate in a suitable vocational course when introduced by the social insurance organization.

Article 17. Rights of employers

Employers have the following rights:

1. Refuse to comply with requests that do not comply with the law on social insurance;

2. Complaints and denunciations about social insurance;

3. Other rights as prescribed by law.

Article 18. Responsibilities of the employer

1. The employer has the following responsibilities:

a) Pay social insurance according to the provisions of Article 92 and deduct monthly from the employee's salary and wages according to the provisions of Clause 1, Article 91 of this Law to pay at the same time to the social insurance fund;

b) Preserve the employee's social insurance book during the employee's working time;

c) Return the social insurance book to the employee when he or she no longer works;

d) Prepare documents for employees to be issued books, pay and receive social insurance;

d) Pay social insurance benefits to employees;

e) Refer workers for assessment of work capacity decline at the Medical Examination Council according to the provisions of Point a, Clause 1, Article 41, Article 51 and Point b, Clause 1, Article 55 of this Law;

g) Provide relevant documents and information at the request of competent state agencies;

h) Provide information about employees' social insurance contributions when requested by employees or trade unions;

i) Other responsibilities as prescribed by law.

2. In addition to implementing the provisions in Clause 1 of this Article, every month, employers participating in unemployment insurance pay unemployment insurance according to the provisions of Clause 2, Article 102 and deduct from the employee's salary and wages. employees as prescribed in Clause 1, Article 102 of this Law to pay into the unemployment insurance fund at the same time.

Article 19. Rights of social insurance organizations

Social insurance organizations have the following rights:

1. Organize human resource, financial and asset management according to the provisions of law;

2. Refuse requests to pay social insurance in contravention of regulations;

3. Complaints about social insurance;

4. Check social insurance contributions and payment of social insurance benefits;

5. Recommend to competent state agencies to develop, amend and supplement regimes, policies and laws on social insurance and social insurance fund management;

6. Make recommendations to competent state agencies to handle violations of the law on social insurance;

7. Other rights as prescribed by law.

Article 20. Responsibilities of social insurance organizations

Social insurance organizations have the following responsibilities:

1. Propagate and disseminate social insurance regimes, policies and laws; Provide guidance on procedures for implementing social insurance regimes for employees and employers participating in social insurance;

2. Collect social insurance according to the provisions of this Law;

3. Receive documents and handle social insurance regimes; Pay pensions and social insurance benefits fully, conveniently and on time;

4. Issue social insurance books to each employee;

5. Manage and use social insurance funds according to the provisions of law;

6. Implement measures to preserve and grow the social insurance fund;

7. Organize the implementation of statistics, accounting, and professional guidance on social insurance;

8. Refer workers for assessment of work capacity decline at the Medical Examination Council according to the provisions of Point b, Clause 1 and Clause 2, Article 41 of this Law;

9. Application of information technology in social insurance management; Store records of social insurance participants according to the provisions of law;

10. Every six months, report to the Social Insurance Management Council on the implementation of social insurance. Annually, report to the Government and state management agencies on the management and use of social insurance funds;

11. Provide complete and timely information on payment, entitlement to benefits, and procedures for implementing social insurance when requested by employees or trade unions;

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

13. Timely resolve complaints and denunciations about the implementation of social insurance;

14. Implement international cooperation on social insurance;

15. Other responsibilities as prescribed by law.

Chapter III: COMPULSORY SOCIAL INSURANCE

Section 1: SICKNESS REGIME

Article 21. Subjects of application of sickness regime

Subjects subject to the sickness regime are employees specified in Points a, b, c and d, Clause 1, Article 2 of this Law.

Article 22. Conditions for enjoying sickness benefits

1. If you are sick or have an accident, you must quit your job and have confirmation from a medical facility.

In case of illness or accident that requires you to leave work due to self-destruction of health, drunkenness or use of drugs or other addictive substances, you are not entitled to sickness benefits.

2. Have a sick child under seven years old, must take time off work to take care of the child and have confirmation from a medical facility.

Article 23. Time to enjoy sickness benefits

1. The maximum time to enjoy sickness benefits in a year for employees specified in Points a, b and c, Clause 1, Article 2 of this Law is calculated based on working days, excluding holidays and Tet holidays. Weekly days off are determined as follows:

a) Working under normal conditions, you are entitled to thirty days if you have paid social insurance for less than fifteen years; forty days if the payment has been made for fifteen to less than thirty years; sixty days if the payment has been made for thirty years or more;

b) Doing a heavy, toxic or dangerous occupation or job on the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health or working regularly in a place with a regional allowance coefficient of 0 .7 or more is entitled to forty days if you have paid social insurance for less than fifteen years; fifty days if the payment has been made for fifteen to less than thirty years; seventy days if it has been paid for thirty years or more.

2. Employees suffering from diseases on the List of diseases requiring long-term treatment issued by the Ministry of Health are entitled to the following sickness benefits:

a) No more than one hundred and eighty days in a year, including holidays, New Year holidays, and weekly days off;

b) At the end of the one hundred eighty day period, if you still continue treatment, you will continue to enjoy the sickness benefit at a lower level.

3. The duration of sickness benefits for employees specified in Point d, Clause 1, Article 2 of this Law depends on the duration of treatment at medical facilities belonging to the people's army and people's police.

Article 24. Benefit period when child is sick

1. The time to enjoy benefits when a child is sick in a year is calculated based on the maximum number of days of child care, which is twenty working days if the child is under three years old; a maximum of fifteen working days if the child is from three years old to under seven years old.

2. In case both parents participate in social insurance, if one parent's benefit period has expired but the child is still sick, the other parent is entitled to benefits as prescribed in Clause 1 of this Article.

Article 25. Level of sickness benefits

1. Employees who enjoy sickness benefits as prescribed in Clause 1, Point a, Clause 2, Article 23 and Article 24 of this Law, the benefit level is equal to 75% of the salary or wage paid for social insurance of the preceding month. before quitting work.

2. For employees who continue to enjoy the sickness benefits specified in Point b, Clause 2, Article 23 of this Law, the benefit level is prescribed as follows:

a) Equal to 65% of the salary or wage paid for social insurance of the month immediately before leaving the job if you have paid social insurance for thirty years or more;

b) Equal to 55% of the salary or wage paid for social insurance of the month immediately before leaving the job if you have paid social insurance for full fifteen to less than thirty years;

c) Equal to 45% of the salary or wage paid for social insurance of the month immediately before leaving the job if you have paid social insurance for less than fifteen years.

3. For employees who enjoy sickness benefits as prescribed in Clause 3, Article 23 of this Law, the benefit level is equal to 100% of the salary paid for social insurance of the month immediately before leaving work.

4. If the level of sickness benefit calculated according to the provisions of Clause 2 of this Article is lower than the general minimum wage, it is calculated by the common minimum wage.

Article 26. Convalescence and recovery after illness

1. Employees who are still in poor health after enjoying the sickness benefits as prescribed in Article 23 of this Law are entitled to take leave to recuperate and recover from five to ten days per year.

2. The one-day benefit is equal to 25% of the general minimum wage if taking leave to recuperate and recover at home; equal to 40% of the general minimum wage if taking leave for convalescence and health recovery at a centralized facility.

Section 2: MATERNITY REGIME

Article 27. Subjects applying maternity benefits

Subjects applying for maternity benefits are employees specified in Points a, b, c and d, Clause 1, Article 2 of this Law.

Article 28. Conditions for enjoying maternity benefits

1. Employees are entitled to maternity benefits when they fall into one of the following cases:

a) Pregnant female workers;

b) Female workers give birth;

c) Employees adopting children under four months old;

d) Employees insert IUDs and perform sterilization measures.

2. Employees specified in Points b and c, Clause 1 of this Article must pay social insurance for six months or more within the twelve months before giving birth or adopting a child.

Article 29. Benefit period for prenatal check-ups

During pregnancy, female workers are allowed to take time off work to go for prenatal checkups five times, one time per day; If you live far from a medical facility or if you have a medical condition or an abnormal pregnancy, you will be entitled to two days off for each prenatal check-up.

The maternity leave period specified in this Article is calculated according to working days excluding holidays, New Year holidays, and weekly days off.

Article 30. Benefit period in case of miscarriage, abortion, abortion or stillbirth

In case of miscarriage, abortion, abortion or stillbirth, female employees are entitled to ten days of maternity leave if the pregnancy is less than one month; twenty days if the pregnancy is from one month to less than three months; forty days if the pregnancy is from three months to less than six months; fifty days if the pregnancy is six months or more.

The maternity leave period specified in this Article includes holidays, New Year holidays, and weekly days off.

Article 31. Time to enjoy benefits when giving birth

1. Female employees who give birth are entitled to maternity leave according to the following regulations:

a) Four months, if working in a profession or job under normal working conditions;

b) Five months, if working in a heavy, toxic or dangerous occupation or job on the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health; work in three shifts; Work regularly in a place with a regional allowance coefficient of 0.7 or more or be a female soldier or female police officer;

c) Six months for disabled female employees according to the provisions of law on disabled people;

d) In case of twins or more, in addition to the leave time specified in Points a, b and c of this Clause, from the second child onwards, each child is entitled to an additional thirty days off.

2. In case after giving birth, if the child is under sixty days old and dies, the mother is entitled to ninety days off work from the date of birth; If a child sixty days old or older dies, the mother is entitled to thirty days off from work from the date of death, but the maternity leave period does not exceed the time specified in Clause 1 of this Article; This time is not included in personal leave time according to labor laws.

3. In cases where only one parent participates in social insurance or both parents participate in social insurance and the mother dies after giving birth, the father or direct caregiver is entitled to maternity benefits until the child is born. when your baby is four months old.

4. The maternity benefit period specified in Clauses 1, 2 and 3 of this Article includes holidays, New Year holidays and weekly days off.

Article 32. Time to enjoy benefits when adopting a child

Employees who adopt a child under four months old are entitled to maternity leave until the child is four months old.

Article 33. Benefit period when using contraceptive measures

1. When an IUD is inserted, the employee is entitled to seven days off work.

2. When performing sterilization, workers are entitled to fifteen days off work.

3. The maternity leave period specified in Clauses 1 and 2 of this Article includes holidays, New Year holidays, and weekly days off.

Article 34. One-time allowance when giving birth or adopting a child

Female employees who give birth or employees who adopt children under four months old are entitled to a one-time allowance equal to two months of the common minimum wage for each child.

In case only the father participates in social insurance and the mother dies while giving birth, the father will receive a one-time allowance equal to two months of the common minimum wage for each child.

Article 35. Maternity benefit level

1. Employees who enjoy maternity benefits according to the provisions of Articles 29, 30, 31, 32 and 33 of this Law, the benefit level is equal to 100% of the average monthly salary and wages paid for social insurance of six months. month immediately before leaving the job.

2. Time off from work to enjoy maternity benefits is counted as time to pay social insurance. During this time, employees and employers do not have to pay social insurance.

Article 36. Female employees return to work before the end of their maternity leave

1. Female employees can go to work before the end of the maternity leave period specified in Clause 1 or Clause 2, Article 31 of this Law when the following conditions are met:

a) Sixty days or more after giving birth;

b) There is confirmation from a medical facility that going to work early is not harmful to the employee's health;

c) Must be notified in advance and approved by the employer.

2. In addition to salaries and wages for working days, female employees who go to work before the end of their maternity leave are still entitled to maternity benefits until the end of the period specified in Clause 1 or Clause 2, Article 31. of this Law.

Article 37. Convalescence and health recovery after maternity

1. Female employees who are still in poor health after enjoying maternity benefits as prescribed in Article 30, Clause 1 or Clause 2, Article 31 of this Law are entitled to take leave to recuperate and recover from five to ten days. days in a year.

Section 3: WORK ACCIDENT AND OCCUPATIONAL DISEASES REGIME

Article 38. Subjects of application of labor accident and occupational disease regimes

Subjects subject to the regime of labor accidents and occupational diseases are workers specified in Points a, b, c, d and dd, Clause 1, Article 2 of this Law.

Article 39. Conditions for enjoying labor accident benefits

Employees are entitled to occupational accident benefits when all of the following conditions are met:

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

a) At work and during working hours;

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

c) On the way to and from home to work within a reasonable time and route;

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

Article 40. Conditions for enjoying occupational disease benefits

Employees are entitled to occupational disease benefits when all of the following conditions are met:

1. Having a disease on the list of occupational diseases issued by the Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs when working in an environment or occupation with toxic elements;

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

Article 41. Assessment of loss of working capacity

1. Employees who suffer from labor accidents or occupational diseases are assessed or re-assessed for reduced working ability in one of the following cases:

a) After the injury or illness has been treated and stabilized;

b) After the injury or disease relapse has been treated and stabilized.

2. Employees are subject to a comprehensive assessment of their work ability decline when they fall into one of the following cases:

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

b) Having multiple work accidents;

c) Suffering from many occupational diseases.

Article 42. One-time allowance

1. Employees whose working capacity is reduced from 5% to 30% are entitled to a one-time allowance.

2. The one-time subsidy level is specified as follows:

a) A 5% decrease in working capacity is entitled to five months of the common minimum wage, then for each additional 1% decrease, an additional 0.5 month of the common minimum wage is entitled;

b) In addition to the allowance specified in Point a of this Clause, you will also receive an additional allowance calculated based on the number of years you have paid social insurance. From one year or less, it is calculated as 0.5 month, then add For each year of social insurance payment, an additional 0.3 month's salary or social insurance payment is calculated for the month immediately preceding the leave for treatment.

Article 43. Monthly allowance

1. Employees whose working capacity is reduced by 31% or more are entitled to a monthly allowance.

2. The monthly allowance level is specified as follows:

a) A 31% decrease in working capacity is equal to 30% of the general minimum wage, then for each additional 1% decrease, an additional 2% of the general minimum wage is entitled;

b) In addition to the subsidy level specified in Point a of this Clause, you will also receive an additional monthly subsidy calculated based on the number of years you have paid social insurance. From one year or less, it is calculated as 0.5%, then For each additional year of social insurance payment, an additional 0.3% of the salary or social insurance payment of the month immediately preceding the leave for treatment is calculated.

Article 44. Time to receive benefits

1. The time to receive benefits specified in Articles 42, 43 and 46 of this Law is calculated from the month the employee completes treatment and is discharged from the hospital.

2. In case the injury or illness recurs and the employee is re-evaluated for loss of working ability, the time for receiving new benefits will be calculated from the month of the Medical Examination Council's conclusion.

Article 45. Providing living aids and orthopedic devices

Employees who suffer from work accidents or occupational diseases that damage their body's functions will be provided with daily life support equipment and orthopedic devices based on the condition of the injury or illness. disability.

Article 46. Service allowance

Employees whose working capacity is reduced by 81% or more and are paralyzed in the spine or are blind in both eyes or are amputated or paralyzed or suffer from mental illness are in addition to the monthly benefits prescribed in Article 43 of this Law. Also receive service allowance equal to the common minimum wage.

Article 47. One-time allowance for death due to labor accident or occupational disease

If a working employee dies due to a labor accident or occupational disease or dies during the first treatment period due to a labor accident or occupational disease, his or her relatives are entitled to a one-time benefit equal to thirty-six months. general minimum wage.

Article 48. Convalescence and health recovery after treatment for injury or illness

1. Employees who are still weak after being treated for injuries caused by work accidents or illnesses due to occupational diseases are entitled to rest for five to ten days to recover.

Section 4: RETIREMENT PROGRAM

Article 49. Subjects of application of retirement regime

Subjects applying for the retirement regime are employees specified in Clause 1, Article 2 of this Law.

Article 50. Conditions for pension enjoyment

1. Employees specified in Points a, b, c and e, Clause 1, Article 2 of this Law who have paid social insurance for twenty years or more are entitled to pension when they fall into one of the following cases:

a) Men are sixty years old and women are fifty-five years old;

b) Men from full fifty-five years old to full sixty years old, women from full fifty years old to full fifty-five years old and have full fifteen years of working in heavy, toxic or dangerous occupations or jobs on the list of Issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health or have worked for fifteen years in a place with a regional allowance coefficient of 0.7 or higher. Pension entitlement age in some other special cases prescribed by the Government.

2. Employees specified in Point d, Clause 1, Article 2 of this Law who have paid social insurance for twenty years or more are entitled to pension when they fall into one of the following cases:

a) Men are full fifty-five years old, women are full fifty years old, unless otherwise prescribed by the Law on Vietnamese People's Army Officers or the Law on People's Public Security;

b) Men from full fifty years old to full fifty-five years old, women from full forty-five years old to full fifty years old and have full fifteen years of working in heavy, toxic or dangerous occupations or jobs on the list of Issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health or have worked for fifteen years in a place with a regional allowance coefficient of 0.7 or higher.

Article 51. Conditions for receiving pension when working capacity is reduced

Employees specified in Points a, b, c, d and e, Clause 1, Article 2 of this Law, have paid social insurance for twenty years or more, and have their working capacity reduced by 61% or more. receive pension at a lower level than those who are eligible to receive pension as prescribed in Article 50 of this Law when falling into one of the following cases:

1. Men are fifty years old and women are forty-five years old or older;

2. Have fifteen years or more working in a particularly heavy, toxic or dangerous occupation or job on the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health.

Article 52. Monthly pension level

1. The monthly pension of eligible employees specified in Article 50 of this Law is calculated as 45% of the average monthly salary and wages paid for social insurance specified in Article 58, Article 59 or Article 60 of this Law corresponds to fifteen years of social insurance payment, then for each additional year of social insurance payment, an additional 2% is calculated for men and 3% for women; The maximum level is 75%.

2. The monthly pension of eligible employees specified in Article 51 of this Law is calculated as prescribed in Clause 1 of this Article, then for each year of retirement before the prescribed age, it is reduced by 1%.

3. The lowest monthly pension is equal to the general minimum wage.

Article 53. Pension adjustment

Pensions are adjusted based on increases in the cost of living index and economic growth. The specific adjustment level is prescribed by the Government.

Article 54. One-time allowance upon retirement

1. Employees who have paid social insurance for over thirty years for men, over twenty-five years for women, upon retirement, in addition to pension, will also receive a one-time benefit.

2. The one-time benefit is calculated based on the number of years of social insurance payment from the thirty-first year onwards for men and the twenty-sixth year onwards for women. For each year of social insurance payment, it is calculated as 0.5 months of the average monthly salary and wages paid for social insurance.

Article 55. One-time social insurance for people not eligible for pension

1. Employees specified in Points a, b, c and e, Clause 1, Article 2 of this Law are entitled to one-time social insurance when they fall into one of the following cases:

a) Reach pension age as prescribed in Clause 1, Article 50 of this Law but have not paid social insurance for twenty years;

b) Reduced working capacity by 61% or more without having paid social insurance for twenty years;

c) After one year of quitting your job, if you do not continue to pay social insurance and request to receive social insurance one time but have not paid social insurance for twenty years;

d) Go abroad to settle.

2. Employees specified in Points d and dd, Clause 1, Article 2 of this Law are entitled to one-time social insurance when they are demobilized, demobilized, or quit their job but are not eligible for pension.

Article 56. One-time social insurance benefits

The one-time social insurance benefit is calculated based on the number of years of social insurance payment, each year is calculated by 1.5 months of the average monthly salary and wages paid for social insurance.

Article 57. Reservation of social insurance payment period

Employees who quit their job but are not yet eligible to receive pension as prescribed in Articles 50 and 51 or have not yet received one-time social insurance as prescribed in Articles 55 and Article 56 of this Law are entitled to a reservation period. social insurance payment period.

Article 58. Average monthly salary and wages paid for social insurance to calculate pensions and one-time benefits for employees participating in social insurance before January 1, 1995

1. Employees subject to the salary regime prescribed by the State and have the entire time of paying social insurance under this salary regime shall calculate the average monthly salary for social insurance payment of five years. end before retirement.

2. Employees who have the entire time of paying social insurance according to the salary regime decided by the employer shall calculate the average monthly salary and wages to pay social insurance for the entire time.

3. Employees have time to pay social insurance according to the salary regime prescribed by the State, and have time to pay social insurance according to the salary regime decided by the employer. If determined, calculate the average monthly salary and wages paid for social insurance over the periods; In which the payment period is according to the salary regime prescribed by the State, the average monthly salary paid for social insurance is calculated according to the provisions in Clause 1 of this Article.

Article 59. Average monthly salary and wages paid for social insurance to calculate pensions and one-time benefits for employees participating in social insurance from January 1, 1995 to before the date of the Insurance Law effective society

1. Employees subject to the salary regime prescribed by the State and have the entire time of paying social insurance under this salary regime shall calculate the average monthly salary of the number of years of social insurance payment. before retirement as follows:

a) Participating in social insurance during the period from January 1, 1995 to December 31, 2000, calculate the average of the monthly salary paid for social insurance in the last six years before retirement;

b) Participating in social insurance during the period from January 1, 2001 to December 31, 2006, calculate the average of the monthly salary paid for social insurance in the last eight years before retirement.

Article 60. Average monthly salary and wages paid for social insurance to calculate pensions and one-time benefits for employees participating in social insurance from the effective date of the Social Insurance Law

Article 61. Adjustment of salaries and wages for which social insurance has been paid

1. The salary paid for social insurance as a basis for calculating the average monthly salary paid for social insurance for employees specified in Clause 1, Article 94 of this Law is adjusted according to the general minimum wage. at the time of retirement benefits.

2. Salaries and wages paid for social insurance as a basis for calculating the average monthly salary and wages paid for social insurance for employees specified in Clause 2, Article 94 of this Law are adjusted. on the basis of the cost of living index of each period according to the Government's regulations.

Article 62. Temporary suspension of monthly pension and social insurance benefits

Employees who are receiving pensions or monthly social insurance benefits will have their monthly pension or social insurance benefits suspended when they fall into one of the following cases:

1. Serve the prison sentence but do not receive a suspended sentence;

2. Illegally leaving the country;

3. Declared missing by the Court.

Section 5: SURVIVORSHIP REGIME

Article 63. Funeral allowance

1. When the following subjects die, the person in charge of their funeral will receive a funeral allowance:

a) Employees specified in Clause 1, Article 2 of this Law are paying social insurance;

b) Employees are reserving the time to pay social insurance;

c) People receiving pension; receive monthly labor accident and occupational disease benefits for those who have quit their job.

2. Funeral allowance equal to ten months of general minimum wage.

3. In case the subjects specified in Clause 1 of this Article are declared dead by the Court, their relatives are entitled to benefits specified in Clause 2 of this Article.

Article 64. Cases of receiving monthly death benefits

1. When the subjects specified in Clause 1, Article 63 of this Law fall into one of the following cases, their relatives are entitled to monthly survivor benefits:

a) Have paid social insurance for fifteen years or more but have not received social insurance once;

b) Currently receiving pension;

c) Death due to labor accident or occupational disease;

d) Are receiving monthly labor accident or occupational disease benefits with a working capacity loss of 61% or more.

2. Relatives of the subjects specified in Clause 1 of this Article are entitled to monthly death benefits, including:

a) The child is under fifteen years old; children are under eighteen years old if they are still in school; children aged fifteen years or older if their working capacity is reduced by 81% or more;

b) Wife is full fifty-five years old or older or husband is full sixty years old or older; wife under fifty-five years old, husband under sixty years old if their working capacity is reduced by 81% or more;

c) Biological father, biological mother, father-in-law, mother-in-law, or other person for whom this subject is responsible for raising them, if they are sixty years of age or older for men, or full fifty-five years of age or older. up for women;

d) Biological father, biological mother, father-in-law, mother-in-law, or other person for whom this subject is responsible for nurturing, if under sixty years of age for men, under fifty-five years of age for women, and convicted of work capacity loss of 81% or more.

Relatives specified in Points b, c and d of this Clause must have no income or have a monthly income that is lower than the general minimum wage.

Article 65. Monthly death benefit level

1. The monthly death benefit for each relative is equal to 50% of the general minimum wage; In case the relative does not have a direct caregiver, the monthly death benefit is equal to 70% of the general minimum wage.

2. In case a person dies as prescribed in Clause 1, Article 64 of this Law, the number of relatives entitled to monthly death benefits shall not exceed four people; In case two or more people die, the relatives of these people are entitled to twice the benefit specified in Clause 1 of this Article.

3. The time to receive the monthly death benefit is from the month immediately following the month in which the employee, pensioner, labor accident or occupational disease benefit recipient dies.

Article 66. Cases of receiving one-time survivor benefits

When subjects specified in Clause 1, Article 63 of this Law fall into one of the following cases, their relatives will be entitled to a lump-sum death benefit:

1. The deceased does not fall into the cases specified in Clause 1, Article 64 of this Law;

2. The deceased falls into one of the cases specified in Clause 1, Article 64 but has no relatives to enjoy the monthly survivor benefit specified in Clause 2, Article 64 of this Law.

Article 67. Level of one-time death benefit

1. The one-time death benefit for relatives of currently working employees or employees who are reserving the time of social insurance payment is calculated according to the number of years of social insurance payment, each year is calculated by 1.5 months of average monthly salary and wages paid for social insurance; The lowest level is equal to three months' average monthly salary and wages.

2. The one-time death benefit for relatives of a person receiving pension who dies is calculated according to the period of pension enjoyment. If he/she dies in the first two months of pension enjoyment, it is calculated by forty-eight months of pension enjoyment; If you die in the following months, for each additional month of pension you enjoy, the benefit level will be reduced by 0.5 months of pension, the lowest level being equal to three months of your current pension.

Article 68. Calculating retirement benefits and death benefits for people who pay voluntary social insurance and then pay compulsory social insurance

1. If an employee pays voluntary social insurance and then pays compulsory social insurance, the period of voluntary social insurance payment is added to the period of compulsory social insurance payment as a basis for calculating benefits. retirement and death benefits.

2. The method of calculating the average monthly salary, wages or average monthly income paid for social insurance for employees specified in Clause 1 of this Article is prescribed by the Government.

Chapter IV: VOLUNTARY SOCIAL INSURANCE

Section 1: RETIREMENT PROGRAM

Article 69. Subjects of application of retirement regime

Voluntary social insurance applies to employees specified in Clause 5, Article 2 of this Law.

Article 70. Conditions for pension enjoyment

1. Employees receive pension when all of the following conditions are met:

a) Men are sixty years old and women are fifty-five years old;

b) Twenty years or more of paying social insurance.

2. In case a man is full sixty years old and a woman is full fifty-five years old, but the remaining social insurance payment period is not more than five years compared to the time specified in Point b, Clause 1 of this Article, the payment will continue until full twenty years.

Article 71. Monthly pension level

1. The monthly pension is calculated as 45% of the average monthly income paid for social insurance specified in Article 76 of this Law corresponding to fifteen years of social insurance payment, then each additional year of payment is added. Social insurance is charged an additional 2% for men and 3% for women; The maximum level is 75%.

2. Pension adjustments are made as prescribed in Article 53 of this Law

Article 72. One-time allowance upon retirement

1. Employees who have paid social insurance for over thirty years for men, over twenty-five years for women, upon retirement, in addition to pension, will also receive a one-time benefit.

Article 73. One-time social insurance for people not eligible for monthly pension

Employees are entitled to one-time social insurance when they fall into one of the following cases:

1. Men are sixty years old and women are fifty-five years old but have not paid social insurance for twenty years, except for the cases specified in Clause 2, Article 70 of this Law;

2. Do not continue to pay social insurance and request to receive social insurance one time without having paid social insurance for twenty years;

3. Go abroad to settle.

Article 74. One-time social insurance benefits

The one-time social insurance benefit is calculated according to the number of years of social insurance payment, each year is calculated by 1.5 months of the average monthly income paid for social insurance.

Article 75. Reservation of social insurance payment period

Employees who stop paying voluntary social insurance but are not yet eligible to receive pension as prescribed in Article 70 or have not received one-time social insurance as prescribed in Article 73 and Article 74 of this Law are insured. save time for paying social insurance.

Article 76. Average monthly income paid for social insurance

1. The average monthly income paid for social insurance is calculated by averaging the monthly income paid for social insurance over the entire period.

2. Monthly income paid for social insurance as a basis for calculating the average monthly income paid for social insurance of employees is adjusted on the basis of the cost of living index of each period according to the provisions of the Law. Government.

Section 2: DEATH REGIME

Article 77. Funeral allowance

1. When the following subjects die, the person in charge of their funeral will receive a funeral allowance:

a) Employees have paid social insurance for at least five years;

b) People receiving pension.

2. Funeral allowance equal to ten months of general minimum wage.

3. In case the subjects specified in Clause 1 of this Article are declared dead by the Court, their relatives are entitled to benefits specified in Clause 2 of this Article.

Article 78. Survivor benefits

1. Employees who are paying social insurance, employees who are reserving the time to pay social insurance, and people who are receiving pension when they die, their relatives are entitled to a one-time death benefit.

2. The one-time death benefit for relatives of employees who are currently paying or employees who are reserving the time of paying social insurance is calculated according to the number of years of social insurance payment, each year is calculated by 1 .5 months average monthly income paid for social insurance.

3. The one-time death benefit for relatives of a person receiving pension who dies is calculated according to the period of pension enjoyment. If he/she dies in the first two months of pension enjoyment, it is calculated by forty-eight months of pension enjoyment; If you die in the following months, for each additional month of pension you enjoy, the benefit level will decrease by 0.5 months of pension.

Article 79. Calculating retirement benefits and death benefits for people who pay compulsory social insurance and then pay voluntary social insurance

1. If an employee pays compulsory social insurance and then pays voluntary social insurance, the period of compulsory social insurance payment is added to the period of voluntary social insurance payment as the basis for calculating benefits. retirement and death benefits.

2. The method of calculating the average monthly salary, wages or average monthly income paid for social insurance for employees specified in Clause 1 of this Article is prescribed by the Government.

Chapter V: UNEMPLOYMENT INSURANCE

Article 80. Subjects of application of unemployment insurance

Unemployment insurance is compulsory for employees specified in Clause 3 and employers specified in Clause 4, Article 2 of this Law.

Article 81. Conditions for receiving unemployment insurance

Unemployed people are entitled to unemployment insurance when all of the following conditions are met:

1. Have paid unemployment insurance for twelve months or more within the twenty-four month period before becoming unemployed;

2. Registered unemployment with the social insurance organization;

3. Have not found a job after fifteen days from the date of unemployment registration as prescribed in Clause 2 of this Article.

Article 82. Unemployment benefits

1. The monthly unemployment benefit is equal to 60% of the average monthly salary and wages paid for unemployment insurance of the six consecutive months before unemployment.

2. The period of unemployment benefits is specified as follows:

a) Three months, if there are from twelve to less than thirty-six months of unemployment insurance payment;

b) Six months, if there are from thirty-six months to less than seventy-two months of unemployment insurance payment;

c) Nine months, if there are from seventy-two months to less than one hundred forty-four months of unemployment insurance payment;

d) Twelve months, if there are one hundred forty-four months or more of unemployment insurance contributions.

Article 83. Vocational training support

People receiving unemployment benefits are supported with vocational training for a period of no more than six months. The level of support is equal to the cost of short-term vocational training according to the provisions of law on vocational training.

Article 84. Job search support

People receiving unemployment benefits receive free consultation and job referrals.

Article 85. Health insurance

1. People receiving unemployment benefits are entitled to health insurance.

2. Social insurance organizations pay health insurance for people receiving unemployment benefits.

Article 86. Temporary suspension of unemployment benefits

People receiving unemployment benefits will have their unemployment benefits suspended when they fall into one of the following cases:

1. Failure to comply with the provisions of Point b, Clause 2, Article 16 of this Law;

2. Detained.

Article 87. Termination of unemployment benefits

1. People receiving unemployment benefits will have their unemployment benefits stopped in the following cases:

a) Expiration of unemployment benefits;

b) Have a job;

c) Perform military service;

d) Receive pension;

d) After refusing to accept a job offered by a social insurance organization twice without a legitimate reason;

e) Failure to comply with the provisions of Point b, Clause 2, Article 16 of this Law for three consecutive months;

g) Go abroad to settle;

h) Comply with the decision to apply administrative measures at a reformatory, educational facility, medical treatment facility or serve a prison sentence without receiving a suspended sentence;

i) Died.

2. Cases of termination of unemployment benefits specified in Points b and c, Clause 1 of this Article will be entitled to a one-time benefit equal to the remaining value of unemployment benefits specified in Article 82 of this Law. .

3. After termination of unemployment benefits specified in Clause 1 of this Article, the previous period of unemployment insurance payment will not be counted to receive next unemployment benefits.

Chapter VI: SOCIAL INSURANCE FUND

Section 1: COMPULSORY SOCIAL INSURANCE FUND

Article 88. Sources of fund formation

1. The employer pays according to the provisions of Article 92 of this Law.

2. Employees pay according to the provisions of Article 91 of this Law.

3. Profit from investment activities from the fund.

4. State support.

5. Other legal sources of income.

Article 89. Component funds

1. Sickness and maternity fund.

2. Labor accident and occupational disease fund.

3. Retirement and death fund.

Article 90. Use of funds

1. Pay social insurance benefits to employees according to the provisions of Chapter III of this Law.

2. Pay health insurance for people who are receiving pensions or are on leave from work to receive monthly benefits for labor accidents and occupational diseases.

3. Management costs.

4. Reward expenses as prescribed in Clause 2, Article 133 of this Law.

5. Invest to preserve and grow the fund according to the provisions of Article 96 and Article 97 of this Law.

Article 91. Payment rates and payment methods of employees

1. Every month, employees specified in Points a, b, c and d, Clause 1, Article 2 of this Law pay 5% of salary and wages to the retirement and survivorship fund; From 2010 onwards, every two years, pay an additional 1% until reaching the contribution level of 8%.

2. Employees who receive salaries and wages according to the production and business cycle in agricultural, forestry, fishery, and salt enterprises will have to pay monthly social insurance as prescribed in Clause 1, Article This; Closing methods are performed monthly, quarterly or every six months.

3. The employee's payment rates and payment methods specified in Point e, Clause 1, Article 2 of this Law are prescribed by the Government.

Article 92. Employer's payment rates and payment methods

1. Every month, employers pay social insurance contributions to the salary and wages fund of employees specified in Points a, b, c and d, Clause 1, Article 2 of this Law as follows:

a) 3% to the sickness and maternity fund; in which the employer retains 2% to promptly pay employees who are eligible to enjoy the benefits specified in Section 1 and Section 2, Chapter III of this Law and make quarterly settlement with the insurance organization. society;

b) 1% to the labor accident and occupational disease fund;

c) 11% to the retirement and death fund; From 2010 onwards, every two years, pay an additional 1% until reaching the contribution level of 14%.

2. Every month, the employer pays the general minimum wage for each employee specified in Point dd, Clause 1, Article 2 of this Law as follows:

a) 1% to the labor accident and occupational disease fund;

b) 16% to the retirement and death fund; From 2010 onwards, every two years, pay an additional 2% until reaching the contribution level of 22%.

3. Employers of agricultural, forestry, fishery, and salt enterprises that pay wages according to the production and business cycle shall have the monthly payment rate as prescribed in Clause 1 of this Article; Closing methods are performed monthly, quarterly or every six months.

Article 93. Temporary suspension of contributions to the retirement and survivorship fund

1. In case the employer encounters difficulties and has to temporarily stop production or business or has difficulties due to natural disasters or crop failures, leading to the inability of the employee and employer to contribute to the fund Retirement and death benefits are temporarily suspended for a period not exceeding twelve months.

2. The Government specifies the conditions, period of suspension of payment and authority to decide on suspension of payment.

Article 94. Monthly salary and wages paid for compulsory social insurance

1. For employees subject to the salary regime prescribed by the State, the monthly salary paid for social insurance is the salary according to rank, grade, military rank and position allowances and allowances. seniority beyond the frame, seniority allowance (if any). This salary is calculated on the basis of the general minimum wage.

2. For employees who pay social insurance according to the salary regime decided by the employer, the monthly salary and wages paid for social insurance are the salary and wages stated in the labor contract. .

3. In case the salary and wages prescribed in Clauses 1 and 2 of this Article are higher than twenty months of the common minimum wage, the monthly salary and wages paid for social insurance are equal to twenty months of the common minimum wage. .

Article 95. Management costs

1. Annual mandatory social insurance management costs are deducted from profits from investment activities from the fund.

2. Compulsory social insurance management costs are equal to the management costs of state administrative agencies.

Article 96. Investment principles

Investment activities from social insurance funds must ensure safety, efficiency and recovery when necessary.

Article 97. Forms of investment

1. Buy bonds, treasury bills, bonds of the State, of State commercial banks.

2. Lend to State commercial banks.

3. Invest in key national economic projects.

4. Other forms of investment prescribed by the Government.

Section 2

VOLUNTARY SOCIAL INSURANCE FUND

Article 98. Sources of fund formation

1. Employees pay according to the provisions of Article 100 of this Law.

2. Profit from investment activities from the fund.

3. State support.

4. Other legal sources of income.

Article 99. Use of funds

1. Pay social insurance benefits to employees according to the provisions of Chapter IV of this Law.

2. Pay health insurance for voluntary social insurance participants who are receiving pensions.

3. Management costs.

4. Invest to preserve and grow the fund according to the provisions of Article 96 and Article 97 of this Law.

Article 100. Payment rates and payment methods of employees

1. The monthly payment rate is equal to 16% of the income the employee chooses to pay for social insurance; From 2010 onwards, every two years, pay an additional 2% until reaching the contribution level of 22%.

The income level as the basis for calculating social insurance contributions is changed depending on the employee's ability in each period, but the lowest is equal to the common minimum wage and the highest is equal to twenty months of the common minimum wage.

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

a) Every month;

b) Quarterly;

c) Every six months.

Article 101. Management costs

1. Annual voluntary social insurance management costs are deducted from profits from investment activities from the fund.

2. Voluntary social insurance management costs are equal to the management costs of state administrative agencies.

Section 3

UNEMPLOYMENT INSURANCE FUND

Article 102. Sources of fund formation

1. Employees pay 1% of their monthly salary and wages for unemployment insurance.

2. Employers pay 1% of the monthly salary and wages fund for unemployment insurance of employees participating in unemployment insurance.

3. Every month, the State provides support from the budget equal to 1% of the salary fund, monthly wages paid for unemployment insurance of employees participating in unemployment insurance and transferred once a year.

4. Profit from investment activities from the fund.

5. Other legal sources of income.

Article 103. Use of funds

1. Pay unemployment benefits.

2. Vocational training support.

3. Job search support.

4. Pay health insurance for people receiving unemployment benefits.

5. Management costs.

6. Invest to preserve and grow the fund according to the provisions of Article 96 and Article 97 of this Law.

Article 104. Management costs

Unemployment insurance management costs are equal to the management costs of state administrative agencies.

Article 105. Salaries and monthly wages paid for unemployment insurance

Monthly salaries and wages paid for unemployment insurance are calculated as prescribed in Article 94 of this Law.

Chapter VII

SOCIAL INSURANCE ORGANIZATION

Article 106. Social insurance organization

1. Social insurance organization is a public service organization with the function of implementing social insurance regimes and policies, managing and using social insurance funds according to the provisions of this Law.

2. The organizational structure and tasks of social insurance organizations are prescribed by the Government.

Article 107. Social insurance management council

1. The Social Insurance Management Council is established by the Government and is responsible for directing and supervising the activities of social insurance organizations.

2. The Social Insurance Management Council includes representatives of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance, the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, and the Vietnam Cooperative Alliance Nam, social insurance organization and a number of other members prescribed by the Government.

3. The Social Insurance Management Council has a President, Vice Presidents and members appointed, dismissed and dismissed by the Prime Minister.

4. Working regulations of the Social Insurance Management Council are prescribed by the Government.

Article 108. Duties of the Social Insurance Management Council

1. Appraise the annual operating plan, supervise and inspect the implementation of the plan of the social insurance organization.

2. Decide on the form of investment in social insurance funds at the request of the social insurance organization.

3. Recommend to competent state agencies to develop, amend and supplement regimes, policies and laws on social insurance, development strategies of the industry, and strengthen the organization's organizational system social insurance, management mechanism and use of social insurance fund.

4. Propose the Prime Minister to appoint, dismiss, and dismiss leadership positions of social insurance organizations.

Chapter VIII

PROCEDURES FOR IMPLEMENTING SOCIAL INSURANCE

Article 109. Social insurance book

1. Social insurance books are issued to each employee to monitor payment and enjoyment of social insurance benefits and are the basis for settlement of social insurance benefits according to the provisions of this Law. The Social Insurance Book form is prescribed by the social insurance organization.

2. Social insurance books will be gradually replaced by electronic social insurance cards in the process of applying information technology to social insurance management. The Government regulates procedures for implementing social insurance when using electronic social insurance cards.

Article 110. Application for social insurance participation

1. Documents to participate in compulsory social insurance include:

a) Personal declaration of the employee according to the form prescribed by the social insurance organization;

b) List of employees participating in compulsory social insurance prepared by the employer;

c) Copy of establishment decision or business registration certificate or operating license for employers participating in social insurance for the first time; Labor contract for an employer who is an individual who hires or uses workers.

2. Dossier to participate in voluntary social insurance is the Personal Declaration according to the form prescribed by the social insurance organization.

3. Applications for unemployment insurance include:

a) Personal declaration according to the form prescribed by the social insurance organization;

b) List of employees participating in unemployment insurance prepared by the employer.

Article 111. Issuance of social insurance books

1. Within thirty days from the date of concluding the labor contract, employment or recruitment contract, the employer submits an application for social insurance participation to the social insurance organization according to regulations. specified in Clauses 1 and 3, Article 110 of this Law.

2. The employee submits an application to participate in social insurance to the social insurance organization according to the provisions of Clause 2, Article 110 of this Law.

3. The social insurance organization is responsible for issuing social insurance books within thirty days from the date of receiving valid documents for participants in compulsory social insurance and unemployment insurance; twenty days from the date of receipt of the valid dossier of the voluntary social insurance participant; In case of refusal, a written response must be made clearly stating the reason.

Article 112. Documents for sickness benefits

1. Social insurance book.

2. Sick leave confirmation for employees receiving outpatient treatment, hospital discharge certificate for employees receiving inpatient treatment at a medical facility, discharge certificate or hospital consultation note for employees suffering from a disease on the list of diseases requiring long-term treatment.

3. Confirmation from the employer about working conditions for employees doing heavy, toxic or dangerous occupations or jobs; Work regularly in a place with a regional allowance coefficient of 0.7 or higher.

4. Employer's confirmation of time off work to care for a sick child, accompanied by the child's medical examination certificate for employees taking leave to care for a sick child.

5. List of people on sick leave and people on leave to take care of sick children prepared by the employer.

Article 113. Documents for maternity benefits

1. Social insurance book.

2. A copy of the birth certificate or a copy of the child's birth certificate or death certificate in case the child dies or the mother dies after giving birth.

In case a female employee goes for a pregnancy check-up, has a miscarriage, abortion, abortion or stillbirth, the employee who uses contraceptive measures must have a certificate from a competent medical facility; Adopting a child under four months old must have a certificate according to the provisions of law.

3. Confirmation from the employer about working conditions for employees doing heavy, toxic or dangerous occupations or jobs; work in three shifts; Regularly work in a place with a regional allowance coefficient of 0.7 or higher or confirmation from the employer for disabled female employees.

4. List of people entitled to maternity benefits prepared by the employer.

Article 114. Dossier for occupational accident benefits

1. Social insurance book.

2. Labor accident investigation record. In case of a traffic accident determined to be a labor accident, there must be a copy of the traffic accident record.

3. Hospital discharge certificate after treatment of occupational accident.

4. Minutes of assessment of work capacity decline by the Medical Examination Council.

5. Written request for settlement of occupational accident benefits.

Article 115. Dossier for occupational disease benefits

1. Social insurance book.

2. Minutes of environmental measurements containing toxic elements. In case the minutes are determined for many people, each employee's file must have a copy.

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

4. Minutes of assessment of work capacity decline by the Medical Examination Council.

5. Written request for settlement of occupational disease regime.

Article 116. Dossier for convalescence and health rehabilitation benefits

1. List of people who have received benefits for sickness, maternity, labor accidents, and occupational diseases but are still in poor health, prepared by the employer.

2. Written request for convalescence and health recovery benefits.

Article 117. Settlement of sickness and maternity benefits, convalescence benefits, and recovery after sickness and maternity benefits

1. Within three working days from the date of receipt of all relevant valid documents from the employee specified in Articles 112 and 113 of this Law, the employer is responsible for resolving the benefits. sickness and maternity for workers.

2. Every quarter, the employer is responsible for submitting dossiers of employees who have received sickness, maternity, convalescence and health recovery benefits to the social insurance organization according to prescribed in Articles 112, 113 and 116 of this Law.

3. The social insurance organization is responsible for finalization within fifteen days from the date of receipt of valid documents; In case of non-final settlement, a written response must be made clearly stating the reason.

Article 118. Settlement of benefits for labor accidents and occupational diseases, convalescence and health recovery benefits after treatment of labor accidents and occupational diseases

1. The employer submits the application to the social insurance organization according to the provisions of Articles 114, 115 and 116 of this Law.

2. The social insurance organization is responsible for resolving the issue within fifteen days from the date of receiving the valid dossier; If not resolved, a written response must be made clearly stating the reason.

Article 119. Pension entitlement records for people participating in compulsory social insurance

1. Social insurance book.

2. Decision to quit work for people who are paying social insurance; Application for pension for people who reserve the time to pay social insurance.

3. Minutes of assessment of work capacity decline by the Medical Examination Council for retirees according to the provisions of Article 51 of this Law.

Article 120. Dossier for one-time social insurance benefits for participants in compulsory social insurance

1. Social insurance book.

2. Decision to quit in the case specified in Point a, Clause 1, Article 55; Decide to serve, demobilize, or quit your job in the cases specified in Clause 2, Article 55 of this Law.

3. Minutes of assessment of loss of working capacity by the Medical Examination Council in the case specified in Point b, Clause 1, Article 55 of this Law.

4. Copy of overseas settlement documents in the cases specified in Point d, Clause 1, Article 55 of this Law.

5. The employee's application in the case specified in Point c, Clause 1, Article 55 of this Law.

Article 121. Records of death benefits for participants in compulsory social insurance

1. Dossier for death benefits for people currently paying social insurance and people reserving social insurance payment period includes:

a) Social insurance book;

b) Death certificate, death notice or court decision declaring death;

c) Declaration of relatives according to the form prescribed by the social insurance organization;

d) Minutes of investigation of occupational accidents, medical records of treatment of occupational diseases in case of death due to labor accidents or occupational diseases.

2. Records for death benefits of people receiving monthly pensions, labor accident and occupational disease benefits with a working capacity loss of 61% or more include:

a) Death certificate, death notice or court decision declaring death;

b) Declaration of relatives according to the form prescribed by the social insurance organization.

Article 122. Resolving pension benefits, one-time social insurance, and death benefits for participants in compulsory social insurance

1. The employer submits the application to the social insurance organization according to the provisions of Article 119, Article 120 and Clause 1, Article 121 of this Law.

2. Employees who no longer have a labor relationship can directly submit their application to the social insurance organization according to the provisions of Articles 119 and 120 of this Law.

3. Relatives of people receiving monthly pensions, labor accident or occupational disease benefits with a working capacity loss of 61% or more submit an application to the social insurance organization according to the provisions of Clause 2, Article 121 of this Law.

4. The social insurance organization is responsible for resolving within thirty days from the date of receiving valid documents for the pensioner; fifteen days from the date of receipt of valid documents for cases of one-time social insurance and death benefits; If not resolved, a written response must be made clearly stating the reason.

Article 123. Application for pension, one-time social insurance, and death benefits for participants in voluntary social insurance

1. Dossier for one-time pension and social insurance benefits includes:

a) Social insurance book;

b) Personal declaration according to the form prescribed by the social insurance organization.

2. Dossier for death benefits includes:

a) Social insurance book for people who are paying social insurance;

b) Death certificate, death notice or court decision declaring death;

c) Declaration of relatives according to the form prescribed by the social insurance organization.

Article 124. Resolving retirement benefits and death benefits for participants in voluntary social insurance

1. The employee submits the application to the social insurance organization according to the provisions of Clause 1, Article 123, and the relatives of the pensioner submit the application according to the provisions of Clause 2, Article 123 of this Law.

2. The social insurance organization is responsible for resolving within twenty days from the date of receiving valid documents for the pensioner; ten days from the date of receiving valid documents for cases of one-time social insurance and death benefits; If not resolved, a written response must be made clearly stating the reason.

Article 125. Application for unemployment insurance

1. Application for unemployment insurance according to the form prescribed by the social insurance organization.

2. Copy of the labor contract, expired work contract or agreement to terminate the labor contract, work contract or confirmation from the last unit before unemployment regarding unilateral termination of the labor contract employment and working contracts in accordance with the law.

Article 126. Settlement of unemployment insurance benefits

1. The employee submits the application to the social insurance organization according to the provisions of Article 125 of this Law.

2. The social insurance organization is responsible for resolving the issue within twenty days from the date of receiving the valid dossier; If not resolved, a written response must be made clearly stating the reason.

Article 127. Records of pension and social insurance benefits for people who have completed their prison sentence

1. For people who have not yet received pensions or social insurance benefits, documents include:

a) Social insurance book;

b) Copy of certificate of completion of prison sentence;

c) Application for social insurance benefits.

2. For people who have received pensions or social insurance benefits, the dossier includes:

a) Copy of certificate of completion of prison sentence;

b) Application for continued social insurance benefits.

Article 128. Settlement of one-time pension and social insurance benefits for people who have completed their prison sentence

1. The employee submits the application to the social insurance organization according to the provisions of Article 127 of this Law.

2. The social insurance organization is responsible for resolving the matter within thirty days from the date of receiving the valid dossier; If not resolved, a written response must be made clearly stating the reason.

Article 129. Relocation of pension and social insurance benefits

When a person receiving pension or monthly social insurance allowance moves to another place in the country and wants to enjoy social insurance in the new place, he or she must submit an application to the social insurance organization where he or she is receiving it.

The social insurance organization is responsible for processing within five days from the date of receipt of the application; If not resolved, a written response must be made clearly stating the reason.

Chapter IX

COMPLAINTS AND DENUNCIATIONS ABOUT SOCIAL INSURANCE

Article 130. Complaints about social insurance

1. Employees, people receiving pensions, monthly social insurance benefits, people reserving social insurance payment time and others have the right to complain about the decisions and actions of the employer social insurance organizations or organizations when there are grounds to believe that such decisions or actions violate the law on social insurance and infringe upon their legitimate rights and interests.

2. Employers have the right to complain about decisions and actions of social insurance organizations when there are grounds to believe that such decisions or actions violate the law on social insurance, infringe on the rights and its legitimate interests.

Article 131. Authority and procedures for resolving complaints

1. The settlement of complaints about administrative decisions and administrative acts on social insurance is carried out in accordance with the law on complaints and denunciations.

2. Resolution of complaints about social insurance decisions and actions other than the cases specified in Clause 1 of this Article is carried out as follows:

a) The person with authority to resolve a first-time complaint about social insurance is the person whose decision or act regarding social insurance is complained about.

In case the person whose social insurance decision or act is complained about no longer exists, the district-level state labor management agency has the authority to resolve it;

b) In case the complainant does not agree with the decision to resolve the first complaint or the complaint is not resolved within the prescribed time limit, he/she has the right to sue in court or complain to the housing management agency. provincial-level labor water;

c) In case the complainant does not agree with the decision to resolve the complaint of the provincial state labor management agency or the complaint is not resolved within the prescribed time limit, he/she has the right to sue in court. sentence;

d) The statute of limitations for complaints and the time limit for resolving complaints are applied according to the provisions of law on complaints and denunciations.

Article 132. Denunciation and settlement of denunciations about social insurance

Denunciations and settlement of denunciations of violations of the law on social insurance are carried out in accordance with the provisions of law on complaints and denunciations.

Chapter X

REWARDS AND HANDLING OF VIOLATIONS

Article 133. Commendation

1. Agencies, organizations and individuals that have achievements in implementing this Law or detecting violations of the law on social insurance will be rewarded according to the provisions of law.

2. Employers who perform well in labor protection and prevention of labor accidents and occupational diseases will be rewarded from the labor accident and occupational disease insurance fund according to Government regulations.

Article 134. Violations of the law on social insurance payment

1. Not closed.

2. Closing not on time.

3. Not paying the required amount.

4. Not paying enough people to participate in social insurance.

Article 135. Violations of the law on procedures for implementing social insurance

1. Intentionally causing difficulties or hindering employees' enjoyment of social insurance benefits.

2. Failure to issue social insurance books or failure to return social insurance books to employees according to the provisions of this Law.

Article 136. Violations of the law on use of social insurance contributions and funds

1. Using social insurance contributions and funds contrary to the provisions of law.

2. Reporting falsely, providing false information and data on contributions and social insurance funds.

Article 137. Violations of the law on preparing documents to enjoy social insurance benefits

1. Fraud and falsification of records.

2. Issuing wrong certificates and assessments.

Article 138. Handling of violations

1. Agencies and organizations that violate the law specified in Articles 134, 135, 136 and 137 of this Law, depending on the nature and severity of the violation, shall be administratively sanctioned; If causing damage, compensation must be made according to the provisions of law.

2. Individuals who violate the law specified in Articles 134, 135, 136 and 137 of this Law, depending on the nature and severity of the violation, shall be administratively sanctioned, disciplined or be prosecuted for criminal liability; If causing damage, compensation must be made according to the provisions of law.

3. Employers who violate the law specified in Article 134 of this Law for thirty days or more shall, in addition to paying unpaid or late payment amounts, be handled according to the provisions of law. , must also pay interest on the unpaid or late paid amount according to the interest rate of investment activities from the social insurance fund during the year.

In case the employer does not comply with the provisions of this Clause, at the request of the person competent to handle administrative violations, banks, other credit institutions, and the state treasury are responsible for deducting money. from the employer's deposit account to pay the unpaid amount, late payment and interest on this amount.

Chapter XI

TERMS ENFORCEMENT

Article 139. Transitional regulations

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

2. People who are receiving pensions, disability benefits, labor accidents, occupational diseases, monthly survivor benefits and people whose social insurance benefits are suspended due to violations of the law before the effective date of this Law The previous regulations will still be followed and the benefit level will be adjusted according to the provisions of law.

3. People who are receiving monthly pensions, disability benefits, labor accidents, and occupational diseases before the effective date of this Law will apply the death benefit specified in this Law when they die.

4. Employees who have worked in the public sector before January 1, 1995 and have not received severance pay or one-time benefits, demobilization or demobilization benefits, then that time is counted as working time. have paid social insurance.

5. Every year, the State transfers an amount of funding from the budget to the compulsory social insurance fund to ensure full payment of pensions and social insurance benefits to pensioners and social insurance benefits recipients. before January 1, 1995; Pay social insurance for the working period before January 1, 1995 for people specified in Clause 4 of this Article.

6. The time the employee pays unemployment insurance according to the provisions of this Law is not counted to receive job loss benefits or severance benefits according to the provisions of labor law, law on officials and public employees. position.

Article 140. Effectiveness of implementation

1. This Law takes effect from January 1, 2007; Particularly for voluntary social insurance, from January 1, 2008, for unemployment insurance, from January 1, 2009.

2. Previous regulations contrary to this Law are annulled.

Article 141. Instructions for implementation

THE GOVERNMENT DETAILS REGULATIONS AND INSTRUCTIONS ON THE IMPLEMENTATION OF THIS LAW.This Law was passed by the 11th National Assembly of the Socialist Republic of Vietnam, 9th session, on June 29, 2006.
PRESIDENT OF CONGRESS

(Signed)

Nguyen Phu Trong

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