THE LAW
SOCIAL INSURANCE
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Social Insurance Law.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law regulates social insurance regimes and policies; rights and responsibilities of employees and employers; Agencies, organizations, and individuals related to social insurance, organizations representing labor collectives, organizations representing employers; social insurance agencies; social insurance fund; procedures for implementing social insurance and state management of social insurance.
Article 2. Subjects of application
1. Employees who are Vietnamese citizens are subject to compulsory social insurance, including:
a) People working under an indefinite-term labor contract, a definite-term labor contract, a seasonal labor contract or a certain job with a term of 3 months to less than 12 months , including labor contracts signed between the employer and the legal representative of a person under 15 years of age according to the provisions of labor law;
b) People working under labor contracts with a term of from 01 month to less than 03 months;
c) Officials, civil servants and public employees;
d) National defense workers, police workers, and other people working in cipher organizations;
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 are paid the same as soldiers;
e) Non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the People's Public Security serving for a limited period of time; Military, police, and cipher students studying are entitled to living expenses;
g) People working abroad under contracts specified in the Law on Vietnamese workers working abroad under contracts;
h) Business managers and cooperative managers receive salaries;
i) People working part-time in communes, wards and towns.
2. Employees who are foreign citizens working in Vietnam with a work permit or practicing certificate or practicing license issued by a competent Vietnamese agency are entitled to participate in mandatory social insurance. according to Government regulations.
3. 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 and employ workers under labor contracts.
4. Voluntary social insurance participants are Vietnamese citizens aged 15 years or older and are not subject to provisions in Clause 1 of this Article.
5. Agencies, organizations and individuals related to social insurance.
The subjects specified in Clauses 1, 2 and 4 of this Article 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 compensate part of an employee's income when they lose or lose income due to illness, maternity, work accidents, occupational diseases, or the end of working age. disability or death, based on contributions to the social insurance fund.
2. Compulsory social insurance is a type of social insurance organized by the State that employees and employers must participate in.
3. Voluntary social insurance is a type of social insurance organized by the State in which participants can choose the payment level and payment method appropriate to their income and the State has a policy to support payments. Social insurance for participants to enjoy retirement and death benefits.
4. The social insurance fund is a financial fund independent of the state budget, formed from contributions from employees and employers and with support from the State.
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. Relatives are biological children, adopted children, spouses, biological fathers, biological mothers, adoptive fathers, adoptive mothers, father-in-law or father-in-law, mother-in-law or mother-in-law of social insurance participants or other members in the family that the social insurance participant is obliged to raise according to the provisions of the law on marriage and family.
7. Supplementary pension insurance is a voluntary social insurance policy aimed at supplementing the retirement regime in compulsory social insurance, with a mechanism to create a fund from the contributions of the employee. workers and employers in the form of personal savings accounts, which are preserved and accumulated through investment activities according to the provisions of law.
Article 4. Social insurance regimes
1. Compulsory social insurance has the following regimes:
a) Sickness;
b) Maternity;
c) Labor accidents and occupational diseases;
d) Retirement;
d) Death.
2. Voluntary social insurance has the following regimes:
a) Retirement;
b) Death.
3. Supplemental pension insurance prescribed by the Government.
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 contributions are calculated on the basis of the employee's monthly salary. Voluntary social insurance contributions are calculated based on the monthly income chosen by the employee.
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. The period of social insurance payment that is calculated for one-time social insurance benefits is not included in the time used as a basis for calculating social insurance benefits.
4. The social insurance fund is managed centrally, uniformly, publicly and transparently; used for the right purpose and accounted for independently according to component funds, target groups implementing the salary regime prescribed by the State and the salary regime decided by the employer.
5. The implementation of social insurance must be simple, easy, convenient, ensuring timely and complete benefits of social insurance participants.
Article 6. State policy on social insurance
1. Encourage and create conditions for agencies, organizations and individuals to participate in social insurance.
2. Support people participating in voluntary social insurance.
3. Protect the social insurance fund and take measures to preserve and grow the fund.
4. Encourage employers and employees to participate in supplementary pension insurance.
5. Prioritize investment in information technology development in social insurance management.
Article 7. Content of state management of social insurance
1. Promulgate and organize the implementation of legal documents, social insurance strategies and policies.
2. Propagate and disseminate policies and laws on social insurance.
3. Carry out statistics and information on social insurance.
4. Organize the social insurance implementation apparatus; Training and coaching human resources to do social insurance work.
5. Management of revenue, expenditure, preservation, development and balance of social insurance fund.
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. Vietnam Social Insurance participates and coordinates with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance, and the People's Committees of provinces and centrally run cities (hereinafter collectively referred to as the provincial level) to implement Currently manages revenue, expenditure, preservation, development and balance of the social insurance fund.
5. 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 manage and implement social insurance.
2. By 2020, complete the construction and operation of the electronic database on social insurance management nationwide.
Article 10. Responsibilities of the Minister of Labor, War Invalids and Social Affairs regarding social insurance
1. Develop strategies, planning, and plans for social insurance development.
2. Develop policies and laws on social insurance; Submit to a competent state agency for promulgation or promulgate according to its authority legal documents on social insurance.
3. Develop and submit to the Government targets for developing social insurance participants.
4. Propagate and disseminate policies and laws on social insurance.
5. Direct and guide the organization and implementation of policies and laws on social insurance.
6. Inspect, examine, handle violations of law, and resolve complaints and denunciations regarding social insurance, except for the provisions in Clause 2, Article 11 of this Law.
7. Submit to the Government to decide on handling measures in case of necessity to protect the legitimate rights and interests of social insurance of workers.
8. Carry out statistics and information on social insurance.
9. Organize training and education on social insurance.
10. Organize scientific research and international cooperation on social insurance.
11. Annually, report to the Government on the implementation of social insurance.
Article 11. Responsibilities of the Minister of Finance regarding social insurance
1. Develop and submit to competent state agencies for promulgation or promulgate according to authority the financial management mechanism on social insurance; social insurance management costs.
2. Inspect, examine, handle violations of law and resolve complaints and denunciations regarding the implementation of financial management of social insurance.
3. Annually, send reports on the management and use of social insurance funds to the Minister of Labor, War Invalids and Social Affairs for synthesis and reporting to the Government.
Article 12. Responsibilities of People's Committees at all levels regarding social insurance
1. Direct and organize the implementation of policies and laws on social insurance.
2. Develop targets for the development of social insurance participants in the annual socio-economic development plan and submit it to the People's Council at the same level for decision.
3. Propagate and disseminate policies and laws on social insurance.
4. Inspect, examine, handle violations of law and resolve complaints and denunciations about social insurance.
5. Propose to competent state agencies to amend and supplement policies and laws on social insurance.
Article 13. Social insurance inspection
1. The Labor, War Invalids and Social Affairs Inspectorate performs specialized inspection functions on the implementation of policies and laws on social insurance according to the provisions of law on inspection.
2. The financial inspectorate performs specialized inspection functions on social insurance financial management according to the provisions of law on inspection.
3. The social insurance agency performs the specialized inspection function of social insurance, unemployment insurance and health insurance payments according to the provisions of this Law and other relevant laws.
4. The Government regulates this Article in detail.
Article 14. Rights and responsibilities of trade unions, Vietnam Fatherland Front and member organizations of the Front
1. Trade union organizations have the following rights:
a) Protect the legal and legitimate rights and interests of employees participating in social insurance;
b) Request employers and social insurance agencies to provide information about employees' social insurance;
c) Supervise and recommend to competent authorities to handle violations of the law on social insurance;
d) Initiate a lawsuit in court for violations of the law on social insurance that affect the legitimate rights and interests of employees and employee collectives as prescribed in Clause 8, Article 10 of the Law Union.
2. Trade union organizations have the following responsibilities:
a) Propagate and disseminate policies and laws on social insurance to employees;
b) Participate in inspection and examination of the implementation of laws on social insurance;
c) Recommend and participate in developing, amending and supplementing policies and laws on social insurance.
3. The Vietnam Fatherland Front and its member organizations, within the scope of their functions and tasks, are responsible for propagating and mobilizing people, union members and members to implement policies and laws. Regarding social insurance, proactively participate in different types of social insurance suitable for yourself and your family; Participate in protecting the legal and legitimate rights and interests of union members and members; social criticism, participating with state agencies in developing policies and laws on social insurance; Supervise the implementation of policies and laws on social insurance according to the provisions of law.
Article 15. Rights and responsibilities of employers' representative organizations
1. Employers' representative organizations have 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 organization has the following responsibilities:
a) Propagate and disseminate social insurance policies and laws to employers;
b) Participate in inspecting and supervising the implementation of laws on social insurance;
c) Recommend and participate in developing, amending and supplementing policies and laws on social insurance.
Article 16. Reporting and auditing regime
1. Every year, the Government reports to the National Assembly on the implementation of social insurance policies and regimes, 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. At the request of the National Assembly, the National Assembly Standing Committee and the Government, the social insurance fund is audited unexpectedly.
Article 17. Prohibited acts
1. Evasion of paying compulsory social insurance and unemployment insurance.
2. Late payment of social insurance and unemployment insurance.
3. Appropriating money to pay and enjoy social insurance and unemployment insurance.
4. Fraud and falsification of records in the implementation of social insurance and unemployment insurance.
5. Illegal use of social insurance fund and unemployment insurance fund.
6. Obstruct, cause difficulties or damage the legitimate rights and interests of employees and employers.
7. Illegally accessing and exploiting social insurance and unemployment insurance databases.
8. False reporting; providing inaccurate information and data about social insurance and unemployment insurance.
chapter II
RIGHTS AND RESPONSIBILITIES OF EMPLOYERS, EMPLOYERS, SOCIAL INSURANCE AGENCY
Article 18. Rights of workers
1. Participate in and enjoy social insurance benefits according to the provisions of this Law.
2. Receive and manage social insurance books.
3. Receive pension and social insurance benefits fully and promptly, in one of the following payment forms:
a) Directly from the social insurance agency or a service organization authorized by the social insurance agency;
b) Through the employee's deposit account opened at the bank;
c) Through the employer.
4. Enjoy health insurance in the following cases:
a) Currently receiving pension;
b) During the period of leave to enjoy maternity benefits when giving birth or adopting a child;
c) Take leave to enjoy monthly labor accident and occupational disease benefits;
d) Currently receiving sickness benefits for employees suffering from diseases on the List of diseases requiring long-term treatment issued by the Ministry of Health.
5. To proactively go for examination to assess the level of loss of working capacity if you fall into the case specified in Point b, Clause 1, Article 45 of this Law and are reserving the time of social insurance payment; Medical assessment fees are paid if eligible to receive social insurance.
6. Authorize another person to receive pension or social insurance benefits.
7. Every 6 months, the employer will provide information about social insurance contributions; Annually, the social insurance agency confirms the payment of social insurance; to request employers and social insurance agencies to provide information about social insurance contributions and benefits.
8. Complaints, denunciations and lawsuits regarding social insurance according to the provisions of law.
Article 19. Responsibilities of employees
1. Pay social insurance according to the provisions of this Law.
2. Implement regulations on preparing social insurance records.
3. Preserve social insurance books.
Article 20. Rights of employers
1. Refuse to comply with requests that do not comply with the law on social insurance.
2. Complaints, denunciations and lawsuits regarding social insurance according to the provisions of law.
Article 21. Responsibilities of the employer
1. Prepare documents for employees to be issued social insurance books, pay and enjoy social insurance.
2. Pay social insurance according to the provisions of Article 86 and deduct monthly from the employee's salary according to the provisions of Clause 1, Article 85 of this Law to pay at the same time to the social insurance fund.
3. Introduce workers who fall into the categories specified in Point a, Clause 1, Clause 2, Article 45 and Article 55 of this Law to be examined for work capacity decline at the Medical Examination Council.
4. Coordinate with social insurance agencies to pay social insurance benefits to employees.
5. Coordinate with the social insurance agency to return social insurance books to employees, confirm the social insurance payment period when the employee terminates the labor contract, work contract or quits the job according to the law. provisions of law.
6. Provide accurate, complete and timely information and documents related to social insurance contributions and benefits at the request of competent state management agencies and social insurance agencies.
7. Every 6 months, publicly post information about social insurance payments for employees; Provide information about employees' social insurance contributions when requested by employees or trade unions.
8. Annually, publicly post social insurance payment information of employees provided by the social insurance agency according to the provisions of Clause 7, Article 23 of this Law.
Article 22. Rights of social insurance agencies
1. Organize and manage human resources, finance and assets according to the provisions of law.
2. Refuse requests to pay social insurance, unemployment insurance, and health insurance in contravention of legal regulations.
3. Require the employer to present labor management books, payroll and other information and documents related to social insurance, unemployment insurance, and health insurance payments.
4. Have a copy of the business registration certificate, operating license, operating certificate or establishment decision sent by the business registration agency, operating certificate or operating license issuing agency to Register workers to participate in social insurance and health insurance for newly established businesses and organizations.
5. Every 6 months, local state labor management agencies provide information on the situation of labor use and change in the area.
6. Be provided with the employer's tax code by the tax authority; Periodically annually provide information on salary costs for tax calculation by employers.
7. Check the implementation of social insurance policies; Specialized inspection of social insurance, unemployment insurance, and health insurance payments.
8. Recommend to competent state agencies to develop, amend and supplement policies and laws on social insurance, unemployment insurance, health insurance and management of social insurance and insurance funds. Unemployment insurance, health insurance.
9. Handle violations of the law or make recommendations to competent state agencies to handle violations of the law on social insurance, unemployment insurance, and health insurance.
Article 23. Responsibilities of social insurance agencies
1. Propagate and disseminate policies and laws on social insurance, unemployment insurance, and health insurance.
2. Issue sample books and application forms for social insurance and unemployment insurance after obtaining consensus from the Ministry of Labor, War Invalids and Social Affairs.
3. Organize the collection and expenditure of social insurance, unemployment insurance, and health insurance according to the provisions of law.
4. Issue social insurance books to employees; Manage social insurance books when employees have received retirement or death benefits.
5. Receive social insurance and health insurance applications; resolve social insurance and health insurance regimes; Organize the payment of pensions, social insurance benefits, and unemployment insurance fully, conveniently, and on time.
6. Annually, confirm the social insurance payment period for each employee; Provide full and timely information on payment, entitlement to benefits, and procedures for implementing social insurance when requested by employees, employers or trade unions.
7. Annually, provide information about employees' social insurance contributions for employers to publicly post.
8. Application of information technology in social insurance management; Store records of social insurance participants according to the provisions of law.
9. Manage and use social insurance, unemployment insurance, and health insurance funds according to the provisions of law.
10. Implement measures to preserve and grow social insurance, unemployment insurance, and health insurance funds according to the decision of the Social Insurance Management Council.
11. Carry out statistical and financial accounting work on social insurance, unemployment insurance, and health insurance.
12. Training and professional guidance on social insurance, unemployment insurance, and health insurance.
13. Every 6 months, report to the Social Insurance Management Council and annually, report to the Ministry of Labor, War Invalids and Social Affairs on the implementation of social insurance and unemployment insurance; Report to the Ministry of Health on the implementation of health insurance; Report to the Ministry of Finance on the management and use of social insurance, unemployment insurance, and health insurance funds.
Every year, the local social insurance agency reports to the People's Committee at the same level on the implementation of social insurance, unemployment insurance, and health insurance within the scope of local management.
14. Publicize in the media about employers violating their obligations to pay social insurance, unemployment insurance, and health insurance.
15. Provide relevant documents and information at the request of competent state agencies.
16. Resolve complaints and denunciations about the implementation of social insurance, unemployment insurance, and health insurance according to the provisions of law.
17. Implement international cooperation on social insurance, unemployment insurance, and health insurance.
Chapter III
COMPULSORY SOCIAL INSURANCE
Section 1. SICKNESS REGIME
Article 24. Subjects of application of sickness regime
Subjects subject to the sickness regime are employees specified in Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law.
Article 25. Conditions for enjoying sickness benefits
1. Sickness or accident that is not a work accident must be absent from work and must be certified by a competent medical examination and treatment facility according to regulations of the Ministry of Health.
In case of illness or accident that requires leave from work due to self-destruction of health, drunkenness or use of drugs or drug precursors according to the list prescribed by the Government, you are not entitled to sickness benefits.
2. Must take leave from work to care for a sick child under 7 years old with confirmation from a competent medical examination and treatment facility.
Article 26. Time to enjoy sickness benefits
1. The maximum time to enjoy sickness benefits in a year for employees specified in Points a, b, c, d and h, Clause 1, Article 2 of this Law is calculated based on working days excluding holidays. , Tet holidays, weekly holidays and are regulated as follows:
a) Working under normal conditions, you are entitled to 30 days if you have paid social insurance for less than 15 years; 40 days if the payment has been made for 15 years to less than 30 years; 60 days if you have paid for 30 years or more;
b) Doing a profession or job that is heavy, toxic, dangerous, or particularly heavy, toxic, or dangerous on the list issued by the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, or working in a workplace If you have a regional allowance coefficient of 0.7 or higher, you will be entitled to 40 days if you have paid social insurance for less than 15 years; 50 days if the payment has been made for 15 years to less than 30 years; 70 days if paid for 30 years or more.
2. Employees who leave work due to a disease on the List of diseases requiring long-term treatment issued by the Ministry of Health are entitled to the following sickness benefits:
a) Maximum 180 days including holidays, New Year holidays, and weekly days off;
b) At the end of the sickness benefit period specified in Point a of this Clause, if you continue to receive treatment, you will continue to enjoy the sickness benefit at a lower level but the maximum benefit period is equal to the time for which social insurance has been paid. .
3. The duration of sickness benefits for employees specified in Point dd, Clause 1, Article 2 of this Law is based on the duration of treatment at a competent medical examination and treatment facility.
Article 27. Benefit period when child is sick
1. The time to enjoy benefits when a child is sick in a year for each child is calculated based on the maximum number of days of child care, which is 20 working days if the child is under 03 years old; Maximum 15 working days if the child is from 3 years old to under 7 years old.
2. In case both parents participate in social insurance, the time to enjoy the benefits when the child is sick for each parent is as prescribed in Clause 1 of this Article.
The time off from work to enjoy benefits when a child is sick specified in this Article is calculated according to working days excluding holidays, New Year holidays, and weekly days off.
Article 28. Level of sickness benefits
1. For employees who enjoy sickness benefits as prescribed in Clause 1 and Point a Clause 2 Article 26 and Article 27 of this Law, the monthly benefit level is equal to 75% of the salary paid for social insurance of the preceding month. before quitting work.
In cases where an employee has just started working or an employee has previously paid social insurance, then their working period is interrupted and must quit to enjoy sickness benefits in the first month or so. If you return to work, your benefit will be equal to 75% of your social insurance salary for that month.
2. For employees who continue to enjoy the sickness benefits specified in Point b, Clause 2, Article 26 of this Law, the benefit level is prescribed as follows:
a) Equal to 65% of the salary paid for social insurance of the month immediately before leaving the job if you have paid social insurance for 30 years or more;
b) Equal to 55% of the salary paid for social insurance of the month immediately preceding leaving the job if you have paid social insurance for 15 to less than 30 years;
c) Equal to 50% of the salary paid for social insurance of the month immediately before leaving the job if you have paid social insurance for less than 15 years.
3. For employees who enjoy sickness benefits as prescribed in Clause 3, Article 26 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. The sickness benefit per day is calculated by dividing the monthly sickness benefit by 24 days.
Article 29. Convalescence and recovery after illness
1. Employees who have quit their job and enjoy sickness benefits for a full year in accordance with the provisions of Article 26 of this Law, and within the first 30 days of returning to work, if their health has not recovered, are entitled to rest. health, restore health from 05 days to 10 days a year.
Time off for recuperation and health recovery includes holidays, New Year holidays, and weekly days off. In case there is time off for convalescence and health recovery from the end of the previous year to the beginning of the next year, that time off is counted for the previous year.
2. The number of days off for convalescence and health recovery is decided by the employer and the Grassroots Trade Union Executive Committee. In case the employing unit does not have a Grassroots Union, it is decided by the employer. decided as follows:
a) Maximum 10 days for workers whose health has not recovered after a period of illness due to a disease requiring long-term treatment;
b) Maximum 07 days for workers whose health has not recovered after illness due to surgery;
c) Equal to 05 days for other cases.
3. The rate of convalescence and health recovery after one day of illness is equal to 30% of the base salary.
Section 2. MATERNITY REGIME
Article 30. Subjects applying maternity benefits
Subjects applying for maternity benefits are employees specified in Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law.
Article 31. 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) Female surrogate mother and surrogate mother;
d) Employees adopting children under 6 months old;
d) Female workers have IUDs inserted, workers undergo sterilization measures;
e) Male workers who are paying social insurance and whose wives have children.
2. Employees specified in Points b, c and d, Clause 1 of this Article must pay social insurance for 6 months or more within 12 months before giving birth or adopting a child.
3. Employees specified in Point b, Clause 1 of this Article who have paid social insurance for 12 months or more but when pregnant must take time off work to take care of the pregnancy as prescribed by a competent medical examination and treatment facility. You must pay social insurance for 3 months or more within 12 months before giving birth.
4. Employees who meet the conditions specified in Clauses 2 and 3 of this Article and terminate their labor contract, employment contract or quit their job before giving birth or adopting a child under 06 months of age will still be entitled to benefits. maternity benefits as prescribed in Articles 34, 36, 38 and Clause 1, Article 39 of this Law.
Article 32. Benefit period for prenatal check-ups
1. During pregnancy, female employees are entitled to leave work to go for prenatal checkups 5 times, 1 day each time; If you live far from a medical examination or treatment facility or the pregnant woman has a medical condition or an abnormal fetus, you will be entitled to 2 days off for each prenatal check-up.
2. The maternity leave period specified in this Article is calculated according to working days excluding holidays, New Year holidays, and weekly days off.
Article 33. Benefit period for miscarriage, curettage, abortion, stillbirth or pathological abortion
1. In case of miscarriage, curettage, abortion, stillbirth or pathological abortion, female employees are entitled to leave to enjoy maternity leave as prescribed by a competent medical examination and treatment facility. The maximum time off work is prescribed as follows:
a) 10 days if the fetus is under 5 weeks old;
b) 20 days if the fetus is from 5 weeks old to under 13 weeks old;
c) 40 days if the fetus is from 13 weeks old to under 25 weeks old;
d) 50 days if the fetus is 25 weeks or older.
2. The maternity leave period specified in Clause 1 of this Article includes holidays, New Year holidays, and weekly days off.
Article 34. Time to enjoy benefits when giving birth
1. Female employees who give birth are entitled to maternity leave for 6 months before and after giving birth. In case a female employee gives birth to twins or more, from the second child onwards, for each child, the mother is entitled to 1 additional month of leave.
The maximum period of maternity leave before giving birth must not exceed 02 months.
2. Male employees who are paying social insurance when their wife gives birth are entitled to maternity leave as follows:
a) 05 working days;
b) 07 working days when the wife gives birth and requires surgery, or gives birth to a child under 32 weeks of age;
c) In case the wife gives birth to twins, she is entitled to 10 working days off; from triplets or more, each additional child is entitled to 03 additional working days off;
d) In case the wife gives birth to twins or more and has to have surgery, she is entitled to 14 working days off.
The maternity leave period specified in this Clause is calculated within the first 30 days from the date the wife gives birth.
3. In case after giving birth, if the child under 02 months old dies, the mother is entitled to leave work for 04 months from the date of birth; If a child aged 2 months or older dies, the mother is entitled to leave work for 2 months 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.
4. In cases where only the mother participates in social insurance or both parents participate in social insurance and the mother dies after giving birth, the father or the person directly raising the child is entitled to leave from work and enjoy maternity benefits for the child. The mother's remaining time is as prescribed in Clause 1 of this Article. In case the mother participates in social insurance but does not meet the conditions prescribed in Clause 2 or Clause 3, Article 31 of this Law and dies, the father or the person directly raising her will be entitled to leave to enjoy maternity benefits until the child reaches full age. 06 months old.
5. In case the father or direct caregiver participates in social insurance without quitting work as prescribed in Clause 4 of this Article, in addition to salary, he/she will also enjoy maternity benefits for the remaining time of the mother according to regulations. specified in Clause 1 of this Article.
6. In cases where only the father participates in social insurance and the mother dies after giving birth or faces risks after giving birth and is no longer healthy enough to take care of the child as certified by a competent medical examination and treatment facility father is entitled to leave work and enjoy maternity benefits until the child is 6 months old.7. The maternity benefit period specified in Clauses 1, 3, 4, 5 and 6 of this Article includes holidays, New Year holidays, and weekly days off.
Article 35. Maternity benefits for female surrogate employees and surrogate mothers
1. Female surrogate mothers are entitled to benefits for prenatal check-ups, miscarriages, abortions, abortions, stillbirths or pathological abortions and benefits for childbirth until the time the child is delivered to the surrogate mother. surrogacy but not exceeding the time specified in Clause 1, Article 34 of this Law. In cases where from the date of birth to the time of delivery of the child, the period of maternity benefits is less than 60 days, the surrogate mother is still entitled to maternity benefits until 60 days have passed, including holidays. Tet, weekly holidays.
2. The surrogate mother is entitled to maternity benefits from the time of receiving the child until the child is 6 months old.
3. The Government regulates in detail maternity benefits and procedures for enjoying maternity benefits for female surrogate mothers and surrogate mothers.
Article 36. Time to enjoy benefits when adopting a child
Employees who adopt a child under 6 months old are entitled to maternity leave until the child is 6 months old. In case both parents participate in social insurance and are eligible to enjoy the maternity benefits prescribed in Clause 2, Article 31 of this Law, only the father or mother is entitled to take leave to enjoy the benefits.
Article 37. Benefit period when using contraceptive measures
1. When using contraceptive measures, employees are entitled to maternity benefits as prescribed by competent medical examination and treatment facilities. The maximum time off work is prescribed as follows:
a) 07 days for female employees with IUDs;
b) 15 days for workers undergoing sterilization.
2. The maternity benefit period specified in Clause 1 of this Article includes holidays, New Year holidays, and weekly days off.
Article 38. One-time allowance when giving birth or adopting a child
Female employees who give birth or employees who adopt children under 06 months old are entitled to a one-time allowance for each child equal to 02 times the base salary in the month the female employee gives birth or the month the employee adopts the child.
In case of giving birth but only the father participates in social insurance, the father will receive a one-time allowance equal to 2 times the base salary in the month of birth for each child.
Article 39. Maternity benefit level
1. For employees enjoying maternity benefits as prescribed in Articles 32, 33, 34, 35, 36 and 37 of this Law, the level of maternity benefits is calculated as follows:
a) The monthly benefit level is equal to 100% of the average monthly salary paid for social insurance of the 6 months before leaving for maternity leave. In case the employee has paid social insurance for less than 06 months, the level of maternity benefits as prescribed in Article 32, Article 33, Clauses 2, 4, 5 and 6, Article 34, Article 37 of this Law is the average monthly salary of the months in which social insurance has been paid;
b) The one-day benefit rate for the cases specified in Article 32 and Clause 2, Article 34 of this Law is calculated as the monthly maternity benefit rate divided by 24 days;
c) The benefit level when giving birth or adopting a child is calculated according to the monthly benefit rate specified in Point a, Clause 1 of this Article. In case of odd days or cases specified in Article 33 and Article 37 of this Law, then The daily benefit rate is calculated as the monthly benefit rate divided by 30 days.
2. Maternity leave of 14 working days or more in a month is counted as social insurance payment time, employees and employers do not have to pay social insurance.
3. The Minister of Labor, War Invalids and Social Affairs shall detail the conditions, time and benefit levels of the subjects specified in Article 24 and Clause 1, Article 31 of this Law.
Article 40. Female employees 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 3, Article 34 of this Law when the following conditions are met:
a) After taking leave for at least 04 months;
b) Must be notified in advance and approved by the employer.
2. In addition to 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 3, Article 34 of this Law. .
Article 41. Convalescence and health recovery after maternity
1. Female employees who have not yet recovered their health within the first 30 days of work as prescribed in Article 33, Clause 1 or Clause 3, Article 34 of this Law are entitled to rest. health, recovery from 05 days to 10 days.
Time off for recuperation and health recovery includes holidays, New Year holidays, and weekly days off. In case there is time off for convalescence and health recovery from the end of the previous year to the beginning of the next year, that time off is counted for the previous year.
2. The number of days off for convalescence and health recovery specified in Clause 1 of this Article is decided by the employer and the Grassroots Trade Union Executive Committee, in case the employer has not yet established a Grassroots Trade Union. The facility is decided by the employer. The time for rest and recovery is prescribed as follows:
a) Maximum 10 days for female workers giving birth to two or more children at once;
b) Maximum 07 days for female employees giving birth and requiring surgery;
c) Maximum 05 days for other cases.
3. The one-day post-maternity convalescence and recovery benefit is equal to 30% of the base salary.
Section 3. REGIME FOR WORKING ACCIDENTS AND OCCUPATIONAL DISEASES
Article 42. 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, dd, e and h, Clause 1, Article 2 of this Law.
Article 43. 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 44. 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 45. 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 46. 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 5 times the base salary, then for each additional 1% decrease, the employee is entitled to an additional 0.5 times the base salary;
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 for social insurance payment of the month preceding the leave for treatment is calculated.
Article 47. 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 decrease in working capacity of 31% is equal to 30% of the base salary, then for each additional 1% decrease, the employee is entitled to an additional 2% of the base salary;
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 social insurance salary of the month preceding the leave for treatment is calculated.
Article 48. Time to receive benefits
1. The time to receive benefits specified in Articles 46, 47 and 50 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 49. 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 50. 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 47 of this Law. Also receive a service allowance equal to the base salary.
Article 51. 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 will receive a one-time allowance equal to 36 times the salary. basis.
Article 52. Convalescence and health recovery after treatment of injury or illness
1. Employees who have not yet recovered from injury due to a work accident or illness due to an occupational disease are entitled to a period of 5 to 10 days of rest and recovery.
2. The one-day benefit is equal to 25% of the base salary if taking leave to recuperate and recover at home; equal to 40% of the base salary if taking leave for convalescence and health recovery at a centralized facility.
Section 4. RETIREMENT PROGRAM
Article 53. Subjects of application of retirement regime
Subjects applying for the retirement regime are employees specified in Clause 1, Article 2 of this Law.
Article 54. Conditions for pension enjoyment
1. Employees specified in Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, except for the cases specified in Clause 3 of this Article, have 20 full years of contributions when quitting their jobs. Social insurance or higher, you will receive pension if you fall into one of the following cases:
a) Men are 60 years old and women are 55 years old;
b) Men from full 55 years old to full 60 years old, women from full 50 years old to full 55 years old and have full 15 years of working in occupations or jobs that are heavy, toxic, dangerous or especially heavy, toxic, dangerous Be on the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health or have worked for 15 years in a place with a regional allowance coefficient of 0.7 or higher;
c) Employees from full 50 years old to full 55 years old and have paid social insurance for 20 years or more, including 15 years working in coal mining in underground mines;
d) People infected with HIV/AIDS due to occupational accidents.
2. Employees specified in Points dd and e, Clause 1, Article 2 of this Law who quit their job and have paid social insurance for 20 years or more are entitled to pension when they fall into one of the following cases:
a) Men are 55 years old and women are 50 years old, unless the Law on Officers of the Vietnam People's Army, the Law on People's Public Security, and the Law on Cipher have other provisions;
b) Men from full 50 years old to full 55 years old, women from full 45 years old to full 50 years old and have full 15 years of working in occupations or jobs that are heavy, toxic, dangerous or especially heavy, toxic, dangerous Be on the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health or have worked for 15 years in a place with a regional allowance coefficient of 0.7 or higher;
c) People infected with HIV/AIDS due to occupational accidents.
3. Female workers who work full-time or part-time in communes, wards, and towns participate in social insurance when they quit their job and have paid social insurance for 15 to less than 20 years and are 55 years old. will receive pension.
4. The Government regulates pension age conditions for some special cases; pension eligibility conditions of the subjects specified in Points c and d, Clause 1, Point c, Clause 2 of this Article.
Article 55. Conditions for receiving pension when working capacity is reduced
1. Employees specified in Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, when retiring from work and having paid social insurance for 20 years or more, are entitled to a pension at the rate of lower than the person eligible for pension specified in Points a and b, Clause 1, Article 54 of this Law if they fall into one of the following cases:
a) From January 1, 2016, men who are 51 years old and women who are 46 years old and whose working capacity is reduced by 61% or more are eligible to receive pension when their working capacity is reduced. After that, each year the age increases by one year until 2020 onwards, men will be 55 years old and women will be 50 years old to be eligible to receive pension when their working capacity is reduced by 61% or more;
b) Men are 50 years old, women are 45 years old and have a working capacity decrease of 81% or more;
c) Have a working capacity decrease of 61% or more and have worked for 15 years or more in a profession or job that is particularly heavy, toxic, or dangerous on the list issued by the Ministry of Labor, War Invalids and Social Affairs, Issued by the Ministry of Health.
2. Employees specified in Points dd and e, Clause 1, Article 2 of this Law, when quitting their jobs, have paid social insurance for 20 years or more, and have their working capacity reduced by 61% or more, are entitled to a salary. pension at a rate lower than that of people eligible for pension specified in Points a and b, Clause 2, Article 54 of this Law when falling into one of the following cases:
a) Men are 50 years old, women are 45 years old or older;
b) Have 15 years or more working in an extremely heavy, toxic or dangerous profession or job on the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health.
Article 56. Monthly pension level
1. From the effective date of this Law until before January 1, 2018, the monthly pension of eligible employees specified in Article 54 of this Law is calculated at 45% of the average salary. The monthly salary for social insurance payment specified in Article 62 of this Law corresponds to 15 years of social insurance payment, then for each additional year, an additional 2% for men and 3% for women is calculated; The maximum level is 75%.
2. From January 1, 2018, the monthly pension of eligible employees specified in Article 54 of this Law is calculated as 45% of the average monthly salary paid for social insurance specified in Article 54 of this Law. 62 of this Law and corresponds to the number of years of social insurance payment as follows:
a) Retired male workers will have 16 years in 2018, 17 years in 2019, 18 years in 2020, 19 years in 2021, and 20 years from 2022 onwards;
b) Female employees retiring from 2018 onwards are 15 years.
After that, for each additional year, the employees specified in points a and b of this clause will be charged an additional 2%; The maximum level is 75%.
3. The monthly pension of eligible employees specified in Article 55 of this Law is calculated as prescribed in Clauses 1 and 2 of this Article, then for each year of retirement before the prescribed age, it is reduced by 2. %.
In case the retirement age has an odd period of up to 6 months, the reduction is 1%, from over 6 months, there is no percentage reduction due to premature retirement.
4. The monthly pension of female employees eligible for pension according to the provisions of Clause 3, Article 54 is calculated based on the number of years of social insurance payment and the average monthly salary paid for social insurance as follows: For full 15 years, social insurance payment is calculated at 45% of the average monthly salary paid for social insurance specified in Article 62 of this Law. From 16 years to less than 20 years of paying social insurance, an additional 2% is charged for each year of payment.
5. The lowest monthly pension of an employee participating in compulsory social insurance who is eligible to receive pension according to the provisions of Article 54 and Article 55 of this Law is equal to the base salary, except in the cases specified at Point i, Clause 1, Article 2 and Clause 3, Article 54 of this Law.
6. The Government shall detail this Article.
Article 57. Pension adjustment
The Government regulates pension adjustments based on the increase in the consumer price index and economic growth in accordance with the state budget and social insurance fund.
Article 58. One-time allowance upon retirement
1. Employees who have paid social insurance for more than the number of years corresponding to the pension rate of 75% will receive a one-time benefit when they retire, in addition to their pension.
2. The one-time benefit is calculated based on the number of years of social insurance payment that is higher than the number of years corresponding to the 75% pension rate. For each year of social insurance payment, it is calculated as 0.5 months of the average rate. Monthly salary paid for social insurance.
Article 59. Time to receive pension
1. For employees who are paying compulsory social insurance as prescribed in Points a, b, c, d, dd, e and i, Clause 1, Article 2 of this Law, the time to receive pension is the time of recording. in the resignation decision made by the employer when the employee is eligible to receive pension according to the provisions of law.
2. For employees who are paying compulsory social insurance as prescribed in Point h, Clause 1, Article 2 of this Law, the time to receive pension is calculated from the month immediately preceding when the employee is eligible to receive pension and send a written request to the social insurance agency.
3. For employees specified at Point g, Clause 1, Article 2 of this Law and those who are reserving their social insurance payment period, the time to receive pension is the time recorded in the employee's written request. are eligible for pension according to regulations.
4. The Minister of Labor, War Invalids and Social Affairs shall detail the time of pension entitlement for employees specified in Clause 1, Article 2 of this Law.
Article 60. One-time social insurance
1. Employees specified in Clause 1, Article 2 of this Law who request them are entitled to one-time social insurance if they fall into one of the following cases:
a) Reach pension age as prescribed in Clauses 1, 2 and 4, Article 54 of this Law but have not yet paid social insurance for 20 years or as prescribed in Clause 3, Article 54 of this Law but have not paid social insurance for enough 15 years pay social insurance and do not continue to participate in voluntary social insurance;
b) Go abroad to settle;
c) People who are suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis, ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS and other diseases according to regulations of the Ministry of Health economic;
d) In the case of employees specified in Points dd and e, Clause 1, Article 2 of this Law, when demobilized, demobilized, or quit their job, they are not eligible to receive pension.
2. The one-time social insurance benefit is calculated based on the number of years of social insurance payment, each year is calculated as follows:
a) 1.5 months of average monthly salary paid for social insurance for years of payment before 2014;
b) 02 months of average monthly salary paid for social insurance for years of payment from 2014 onwards;
c) In case the social insurance payment period is less than one year, the social insurance benefit level is equal to the amount paid, the maximum level is equal to 02 months of the average monthly salary paid for social insurance.
3. The one-time social insurance benefit shall comply with the provisions of Clause 2 of this Article and does not include the amount of money the State supports voluntary social insurance contributions, except for the case specified in Point c, Clause 1 of this Article.
4. The time to calculate one-time social insurance benefits is the time stated in the decision of the social insurance agency.
Article 61. Reservation of social insurance payment period
Employees who quit their job but are not yet eligible to receive pension as prescribed in Articles 54 and 55 of this Law or have not yet received one-time social insurance as prescribed in Article 60 of this Law are entitled to a reservation period. social insurance payment period.
Article 62. Average monthly salary paid for social insurance to calculate pension and one-time benefits
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 before January 1, 1995, calculate the average of the monthly salary paid for social insurance of the last 5 years before retirement;
b) 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 of the last 6 years before retirement;
c) Participating in social insurance during the period from January 1, 2001 to December 31, 2006, calculate the average monthly salary paid for social insurance of the last 8 years before retirement;
d) Participating in social insurance during the period from January 1, 2007 to December 31, 2015, calculate the average monthly salary paid for social insurance of the last 10 years before retirement;
d) Participating in social insurance from January 1, 2016 to December 31, 2019, calculate the average of the monthly salary paid for social insurance of the last 15 years before retirement;
e) Participating in social insurance from January 1, 2020 to December 31, 2024, calculate the average of the monthly salary paid for social insurance of the last 20 years before retirement;
g) Participating in social insurance from January 1, 2025 onwards, the average monthly salary paid for social insurance for the entire period will be calculated.
2. Employees who pay social insurance for the entire period of time according to the salary regime decided by the employer shall calculate the average monthly salary for social insurance payment for the entire period.
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, the average monthly salary paid for social insurance over time is calculated, in which the period of payment according to the salary regime prescribed by the State is calculated as the average monthly salary paid for social insurance according to the provisions of Clause 1 of this Article. Clause 1 of this Article.
4. The Government regulates this Article in detail.
Article 63. Adjustment of salary 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 89 of this Law is adjusted according to the base salary at the local level. Time to enjoy retirement benefits for employees participating in social insurance before January 1, 2016.
For employees who start participating in social insurance from January 1, 2016 onwards, the salary paid for social insurance will serve as the basis for calculating the adjusted average monthly salary paid for social insurance. as specified in Clause 2 of this Article.
2. The salary paid for social insurance as a basis for calculating the average monthly salary paid for social insurance for employees specified in Clause 2, Article 89 of this Law is adjusted on the basis of price index. consumption of each period according to the Government's regulations.
Article 64. Temporary suspension and continued enjoyment of monthly pension and social insurance benefits
1. People who are receiving their pension or monthly social insurance benefits are temporarily suspended and continue to receive their pension or monthly social insurance benefits when they fall into one of the following cases:
a) Illegally leaving the country;
b) Declared missing by the Court;
c) There are grounds to determine that social insurance benefits are not in accordance with the law.
2. Pensions and monthly social insurance benefits will continue to be paid when the person leaving the country returns to legally settle in accordance with the law on residence. In case there is a legally effective decision of the Court to annul the decision to declare missing, in addition to continuing to enjoy pensions and benefits, you will also be entitled to backpay of monthly pensions and social insurance benefits from from the moment of stopping enjoyment.
3. When deciding to suspend benefits according to the provisions of Point c, Clause 1 of this Article, the social insurance agency must notify in writing and clearly state the reason. Within 30 days from the date of suspension of benefits, the social insurance agency must issue a decision to resolve benefits; In case of deciding to terminate social insurance benefits, the reason must be clearly stated.
Article 65. Implementing social insurance regimes for people receiving pensions and monthly social insurance benefits who go abroad to settle
1. People receiving pensions or monthly social insurance benefits who go abroad to settle will be entitled to a one-time benefit.
2. The one-time benefit for pensioners is calculated based on the time they have paid social insurance, in which each year of social insurance payment before 2014 is calculated as 1.5 months of pension, each year of social insurance payment. The year of social insurance payment from 2014 onwards is calculated by 02 months of current pension; After that, for each month you receive pension, the one-time benefit will be deducted from 0.5 month's pension. The lowest level is equal to 03 months of current pension.
3. The one-time benefit for people receiving monthly social insurance benefits is equal to 3 months of current benefits.
Section 5. SURVIVORSHIP REGIME
Article 66. Funeral allowance
1. When the following people die, the person in charge of their funeral will receive a one-time funeral allowance:
a) Employees specified in Clause 1, Article 2 of this Law who are paying social insurance or employees who are reserving their time to pay social insurance but have paid for 12 months or more;
b) The employee dies due to a labor accident or occupational disease or dies during treatment due to a labor accident or occupational disease;
c) People receiving pension; receive monthly labor accident and occupational disease benefits for those who have quit their job.
2. Funeral allowance is equal to 10 times the base salary in the month in which the person specified in Clause 1 of this Article dies.
3. If a person specified in Clause 1 of this Article is declared dead by the Court, his or her relatives will be entitled to the funeral allowance specified in Clause 2 of this Article.
Article 67. Cases of receiving monthly death benefits
1. When people specified in Clauses 1 and 3, Article 66 of this Law fall into one of the following cases, when they die, their relatives are entitled to monthly survivor benefits:
a) Have paid social insurance for 15 years or more but have not received social insurance once;
b) Currently receiving pension;
c) Death due to labor accident or occupational disease;
d) Currently receiving monthly labor accident or occupational disease benefits with a working capacity loss of 61% or more.
2. Relatives of the people specified in Clause 1 of this Article are entitled to monthly death benefits, including:
a) The child is under 18 years old; children aged 18 or older if their working capacity is reduced by 81% or more; children are born when the father dies and the mother is pregnant;
b) Wife is 55 years old or older or husband is 60 years old or older; wife under 55 years old, husband under 60 years old if their working capacity is reduced by 81% or more;
c) Biological father, biological mother, biological father of the wife or biological father of the husband, biological mother of the wife or biological mother of the husband, other family members that the social insurance participant is obliged to care for according to regulations regulations of the law on marriage and family if 60 years or older for men, 55 years or older for women;
d) Biological father, biological mother, biological father of the wife or biological father of the husband, biological mother of the wife or biological mother of the husband, other family members that the social insurance participant is obliged to care for according to regulations regulations of the law on marriage and family if under 60 years old for men, under 55 years old for women and have reduced working capacity of 81% or more.
3. Relatives specified in Points b, c and d, Clause 2 of this Article must have no income or have a monthly income that is lower than the base salary. Income as prescribed in this Law does not include benefits prescribed by law on incentives for people with meritorious services.
4. The time limit for requesting an assessment of reduced working capacity to receive monthly death benefits is as follows:
a) Within 04 months from the date of death of the social insurance participant, the relatives who wish must submit an application;
b) Within 04 months before or after the time when the relatives specified in Point a, Clause 2 of this Article expire, the relatives who wish to receive benefits must submit an application.
Article 68. Monthly death benefit level
1. The monthly death benefit for each relative is equal to 50% of the base salary; In case the relative does not have a direct caregiver, the monthly death benefit is equal to 70% of the base salary.
2. In case a person dies under the provisions of Clause 1, Article 67 of this Law, the number of relatives entitled to monthly death benefits shall not exceed 04 people; In case 02 or more people die, the relatives of these people are entitled to 02 times 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 subjects specified in Clauses 1 and 3, Article 66 of this Law die. In case the father dies and the mother is pregnant, the child's monthly death benefit is counted from the month the child was born.
Article 69. Cases of receiving one-time survivor benefits
When people specified in Clauses 1 and 3, Article 66 of this Law fall into one of the following cases, when they die, their relatives are entitled to a one-time death benefit:
1. The dead employee does not fall into the cases specified in Clause 1, Article 67 of this Law;
2. The employee dies in one of the cases specified in Clause 1, Article 67 but has no relatives to enjoy the monthly survivor benefit specified in Clause 2, Article 67 of this Law;
3. Relatives who are eligible to receive a monthly death benefit as prescribed in Clause 2, Article 67 and wish to receive a one-time death benefit, except in the case of children under 6 years old, children or spouses with reduced capacity. labor rate of 81% or more;
4. In case the employee dies without any relatives as prescribed in Clause 6, Article 3 of this Law, the lump-sum death benefit shall be provided in accordance with the law on inheritance.
Article 70. Level of one-time death benefit
1. The one-time death benefit for relatives of employees currently participating in social insurance or employees who are reserving the time of social insurance payment is calculated based on the number of years of social insurance payment, based on the number of years of social insurance payment. Each year is calculated as 1.5 months of the average monthly salary paid for social insurance for the years of paying social insurance before 2014; equal to 02 months of the average monthly salary paid for social insurance for years of social insurance payment from 2014 onwards; The lowest level is equal to 03 months of the average monthly salary paid for social insurance. The average monthly salary paid for social insurance as a basis for calculating lump-sum death benefits shall comply with the provisions of Article 62 of this Law.
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 2 months of pension enjoyment, it is calculated by 48 months of pension enjoyment; If you die in the following months, for each additional 01 month of pension, the benefit level will be reduced by 0.5 months of pension, the lowest level is equal to 03 months of pension currently being enjoyed.
3. The base salary used to calculate the one-time death benefit is the base salary in the month in which the person specified in Clauses 1 and 3, Article 66 of this Law dies.
Article 71. Retirement and survivorship benefits for people who have both compulsory social insurance payment period and voluntary social insurance payment period
1. Retirement and death benefits for employees who have both compulsory social insurance payment period and voluntary social insurance payment period are implemented as follows:
a) If you have paid compulsory social insurance for 20 years or more, the conditions and pension levels will comply with the compulsory social insurance policy; The lowest monthly pension level is equal to the base salary, except for the subjects specified in Point i, Clause 1, Article 2 of this Law;
b) If you have paid compulsory social insurance for 15 years or more, the monthly death benefit will be made according to the compulsory social insurance policy;
c) If you have paid 12 months or more of compulsory social insurance, the funeral allowance will be made according to the compulsory social insurance policy.
2. The Government shall detail this Article.