JOINT CIRCULAR No. 02/2009/TTLT/BQP-BCA-BLDTBXH Amending and Supplementing Certain Points of Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH dated September 14, 2007 guiding the implementation of certain provisions of Decree No. 68/2007/NĐ-CP dated April 19, 2007 of the Government detailing and guiding the implementation of certain provisions of the Mandatory Social Insurance Law for military personnel, public security officers, and civil servants receiving salaries equivalent to those of military personnel and public security officers.

JOINT CIRCULAR

Amending and supplementing some points of Circular Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH dated September 14, 2007 guiding the implementation of certain provisions of Government Decree No. 68/2007/NĐ-CP dated April 19, 2007 detailing and guiding the implementation of certain provisions of the Law on Mandatory Social Insurance for military personnel, public security officers, and civil servants receiving salaries equivalent to those of military personnel and public security officers.

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Pursuant to Government Decree No. 68/2007/NĐ-CP dated April 19, 2007 detailing and guiding the implementation of certain provisions of the Law on Social Insurance regarding mandatory social insurance for military personnel, public security officers, and civil servants receiving salaries equivalent to those of military personnel and public security officers (hereinafter referred to as Decree No. 68/2007/NĐ-CP); the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Labor, Invalids and Social Affairs guide the amendment and supplementation of some points of Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH dated September 14, 2007 guiding the implementation of certain provisions of Decree No. 68/2007/NĐ-CP (hereinafter referred to as Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH) as follows:

I. SICK LEAVE REGIME

1. Amending and supplementing Clause 1 Section I Part A of Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH as follows:

"1. Duration of sick leave benefit

a) The duration of sick leave benefit prescribed in Article 9 of Decree No. 68/2007/NĐ-CP shall be calculated based on working days, excluding weekly rest days, public holidays, and annual leave.

b) In cases where within the same period, a worker has two or more children under seven years old who are ill, the duration of sick leave benefit for caring for sick children shall be calculated based on the actual time the worker takes off work to care for the sick children; the maximum duration of sick leave benefit for caring for sick children in a year for each child shall be implemented according to Clause 2 of Article 9 of Decree No. 68/2007/NĐ-CP.

Example 1: Comrade Nguyen Thi Binh has a one-year-old child who was ill from June 9 to June 15, 2009, and a five-year-old child who was ill from June 12 to June 18, 2009, and had to take time off work to care for the sick children from June 9 to June 18, 2009. Therefore, the duration of sick leave benefit for Comrade Nguyen Thi Binh when her children were ill is from June 9 to June 18, 2009, which totals nine days (excluding one Sunday). In this case, the payment file must include medical examination certificates for both children."

2. Supplementing Clause 4 and Clause 5 into Section I Part A of Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH as follows:

"4. In cases where workers are permitted by competent authorities to seek medical treatment abroad, they shall be entitled to sick leave benefits as stipulated in Clause 1 of Article 9 and Clause 1 of Article 10 of Decree No. 68/2007/NĐ-CP. The documents required for claiming sick leave benefits include: social insurance card; confirmation from domestic healthcare facilities regarding the illness and treatment process; medical examination and treatment certificates issued by foreign healthcare facilities; and confirmation from the employer regarding the time taken off work for seeking medical treatment abroad (including travel days).

5. Rest and recovery after illness as prescribed in Clause 1 of Article 11 of Decree No. 68/2007/NĐ-CP shall be guided as follows:

Within thirty days from the date the worker resumes work after having enjoyed sick leave benefits for thirty days or more in a year and still has weak health, they may take rest and recovery leave. The duration and level of rest and recovery leave shall be implemented according to Clause 2 and Clause 3 of Article 11 of Decree No. 68/2007/NĐ-CP".

II. MATERNITY LEAVE REGIME

1. Supplementing paragraph 3 into Point d Clause 4 Section II Part A of Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH as follows:

" - The monthly salary for social insurance contributions used as the basis for calculating maternity leave benefits shall be calculated based on the national minimum wage at the month of entitlement.

Example 2: Comrade Senior Lieutenant Tran Thi Thu Trang, Doctor at Hospital 198 of the Ministry of Public Security, gave birth on February 10, 2009. According to regulations, Comrade Tran Thi Thu Trang is entitled to take maternity leave from February to June 2009 (five months). Assuming that the national minimum wage set by the Government was adjusted from May 1, 2009, from 540,000 VND/month to 650,000 VND/month. The maternity leave benefits for Comrade Tran Thi Thu Trang shall be implemented as follows:

- From February to April 2009 (three months), Comrade Tran Thi Thu Trang will enjoy maternity leave benefits based on the average monthly salary for social insurance contributions of the six consecutive months prior to taking leave, calculated according to the national minimum wage of 540,000 VND/month.

- From May to June 2009 (two months), Comrade Tran Thi Thu Trang will enjoy maternity leave benefits based on the average monthly salary for social insurance contributions of the six consecutive months prior to taking leave, calculated according to the national minimum wage of 650,000 VND/month".

2. Supplementing Point đ and Point e into Clause 4 Section II Part A of Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH as follows:

"đ) One-time allowance for female workers giving birth or male workers adopting a child under four months old as stipulated in Clause 2 of Article 14 of Decree No. 68/2007/NĐ-CP shall be implemented as follows:

- The one-time allowance for giving birth or adopting a child under four months old shall be calculated based on the national minimum wage at the month of childbirth or adoption.

- In cases where male workers adopt a child under four months old and meet the conditions stipulated in Clause 2 of Article 12 of Decree No. 68/2007/NĐ-CP but do not take time off work, they shall only be entitled to the one-time allowance as stipulated in Clause 2 of Article 14 of Decree No. 68/2007/NĐ-CP.

e) During the period when workers are on maternity leave as stipulated in Article 13 of Decree No. 68/2007/NĐ-CP and do not receive monthly salary, neither the worker nor the employer needs to pay social insurance contributions. This period shall be counted as the contribution period for social insurance. The monthly salary considered as having been paid for social insurance contributions shall be the monthly salary for social insurance contributions of the month immediately preceding the worker's leave for maternity benefits."

3. Supplementing Clause 6 and Clause 7 into Section II Part A of Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH as follows:

"6. In cases where workers have been demobilized, discharged from military service, or resigned before the childbirth date or the adoption of a child under four months old as stipulated in Clause 3, Article 12 of Decree No. 68/2007/NĐ-CP, the Social Insurance Fund of the province or city where the worker resides legally after demobilization, discharge, or resignation shall, based on the social insurance book and the provisions of Articles 13 and 14 of Decree No. 68/2007/NĐ-CP, provide maternity allowance to the subject.

Example 3: Comrade Nguyen Thi Mai, a non-commissioned officer with a rank of Second Lieutenant, was demobilized in May 2008, having continuously contributed to social insurance for 10 years and 7 months. In July 2008, Comrade Nguyen Thi Mai adopted a child under four months old according to the law. Comrade Nguyen Thi Mai will be paid maternity allowance by the Social Insurance Fund of the province or city where she resides after her resignation, in accordance with Clause 4, Article 13 and Clauses 1 and 2, Article 14 of Decree No. 68/2007/NĐ-CP.

7. Rest and recovery after maternity leave

The rest and recovery period for female workers as stipulated in Clause 1, Article 16 of Decree No. 68/2007/NĐ-CP is specified as follows:

Within a 30-day period starting from the date when female workers return to work after the end of the benefit period for miscarriage, abortion, or stillbirth as stipulated in Clause 2, Article 13 of Decree No. 68/2007/NĐ-CP, or within a 60-day period starting from the date when female workers return to work after the end of the benefit period for childbirth as stipulated in Points a, b, c, and d of Clause 3, Article 13 of Decree No. 68/2007/NĐ-CP, if their health condition is still weak, they are entitled to rest and recover. The duration and level of benefits for rest and recovery shall be implemented in accordance with Clauses 2 and 3 of Article 16 of Decree No. 68/2007/NĐ-CP."

III. WORK INJURY AND OCCUPATIONAL DISEASE BENEFITS REGIME

1. Amend and supplement Clause 5, Section III, Part A of Circular Jointly Issued No. 148/2007/TTLT/BQP-BCA-BLDTBXH as follows:

"5. Re-examination and comprehensive assessment of the degree of work capacity reduction

a) Re-examination of the degree of work capacity reduction:

Conditions for re-examining the degree of work capacity reduction are stipulated in Point b, Clause 1, Article 41 of the Law on Social Insurance.

The amount of work injury and occupational disease benefits for workers who have been re-examined for the degree of work capacity reduction after recurrence of injury or illness is guided as follows:

a1) For workers who have received a one-time work injury and occupational disease benefit according to the laws on social insurance before January 1, 2007:

- In case, after re-examination, the degree of work capacity reduction is below 31%, they will receive a one-time benefit as follows:

- In case, after re-examination, the degree of work capacity reduction is 31% or more, they will receive monthly work injury and occupational disease benefits. The amount of benefit is determined according to the table provided in Subpoint a2 of this point.

Example 4: Comrade Nguyen Tuan Anh, a Captain, suffered a work injury in December 2006 with a degree of work capacity reduction of 25%, and has received a one-time work injury benefit according to Decree No. 45/CP dated July 15, 1995 of the Government, which is 450,000 VND x 12 months = 5,400,000 VND. In December 2008, due to recurrence of injury, Comrade Nguyen Tuan Anh was re-examined, and the new degree of work capacity reduction is 32%. According to regulations, Comrade Nguyen Tuan Anh will switch to receiving monthly work injury benefits from Group 1 from December 2008. The national minimum wage in December 2008 is 540,000 VND/month, thus Comrade Nguyen Tuan Anh will receive a monthly benefit of: 540,000 VND x 0.4 month = 216,000 VND/month.

a2) For workers who have received monthly work injury and occupational disease benefits according to the laws on social insurance before January 1, 2007, after re-examination, they will receive monthly benefits according to the following regulations depending on the results of the re-examination:

a3) For workers who have received a one-time work injury and occupational disease benefit as stipulated in Article 21 of Decree No. 68/2007/NĐ-CP:

- After re-examination, if the degree of work capacity reduction increases compared to before and is less than 31%, they will receive a one-time benefit. The amount of the one-time benefit will be calculated as the difference between the benefit amount calculated based on the new degree of work capacity reduction and the benefit amount calculated based on the previous degree of work capacity reduction.

Example 5: Comrade Le Dang Bay, a Major, suffered a work injury on June 14, 2007, was hospitalized for treatment, and returned to his unit to continue working on July 20, 2007. His social insurance contribution salary in May 2007 was 3,078,000 VND, and his length of service until May 2007 was 14 years and 7 months. On September 14, 2007, he was assessed by the Medical Examination Board to have a degree of work capacity reduction of 21% and received a one-time work injury benefit according to Decree No. 68/2008/NĐ-CP. In February 2009, due to recurrence of injury, he was re-examined, and the new degree of work capacity reduction is 30%. Assuming the national minimum wage in February 2009 is 540,000 VND/month, Comrade Le Dang Bay will receive a one-time benefit as follows:

{5 x 540,000 VND + (30-5) x 0.5 x 540,000 VND} � {5 x 540,000 VND + (21-5) x 0.5 x 540,000 VND}

= 12.5 x 540,000 VND � 8 x 540,000 VND

= 2,430,000 VND

- After re-evaluation, if the degree of work capacity reduction is 31% or more, monthly compensation shall be granted according to the guidance provided in Clause 7, Section III, Part A of Circular Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH, where the amount of compensation based on the degree of work capacity reduction is calculated based on the new degree of work capacity reduction; the amount of compensation based on years of social insurance contribution is calculated based on the number of years of social insurance contribution and the monthly salary for social insurance contributions previously enjoyed when receiving a one-time compensation.

Example 6: The case of Major Le Dang Bay mentioned in Example 5. In February 2009, due to the recurrence of injury, Major Le Dang Bay was re-evaluated, with the new degree of work capacity reduction being 35%. Assuming the general minimum wage in February 2009 was 540,000 VND/month, Major Le Dang Bay would receive monthly compensation as follows:

- The amount of compensation based on the new degree of work capacity reduction (35%) is:

0.3 x 540,000 VND + (35-31) x 0.02 x 540,000 VND

= 162,000 VND + 43,200 VND

= 205,200 VND/month.

- The amount of compensation based on years of social insurance contribution (calculated up to May 2007) is:

0.005 x 3,078,000 VND + (14-1) x 0.003 x 3,078,000 VND

= 15,390 VND + 120,042 VND

= 135,432 VND/month.

- The monthly compensation for Major Le Dang Bay is:

205,200 VND + 135,432 VND = 340,632 VND/month.

a4) For workers who have been receiving monthly compensation for workplace accidents and occupational diseases as stipulated in Article 22 of Decree No. 68/2007/NĐ-CP, when re-evaluated and the degree of work capacity reduction changes, the new monthly compensation will be calculated according to the provisions in Clause 7, Section III, Part A of Circular Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH, where the amount of compensation based on the degree of work capacity reduction is calculated based on the new degree of work capacity reduction; the amount of compensation based on years of social insurance contribution is the current amount received.

Example 7: The case of Major Le Dang Bay mentioned in Example 5, but the degree of work capacity reduction concluded by the Medical Evaluation Board on September 14, 2007, was 31%, and he was receiving monthly compensation for workplace accidents according to Article 22 of Decree No. 68/2007/NĐ-CP, where the amount of compensation based on years of social insurance contribution currently received is 135,432 VND/month. Due to the recurrence of injury, in February 2009, Major Le Dang Bay was re-evaluated, with the new degree of work capacity reduction being 40%. Assuming the general minimum wage in February 2009 was 540,000 VND/month, Major Le Dang Bay would receive monthly compensation as follows:

- The amount of compensation based on the new degree of work capacity reduction (40%) is:

0.3 x 540,000 VND + (40-31) x 0.02 x 540,000 VND

= 162,000 VND + 97,200 VND

= 259,200 VND/month.

- The amount of compensation based on years of social insurance contribution is the current amount received, which is 135,432 VND/month.

- The monthly compensation for Major Le Dang Bay is:

259,200 VND + 135,432 VND = 394,632 VND/month.

a5) The amount of compensation for workplace accidents and occupational diseases for workers whose degree of work capacity reduction is re-evaluated as stipulated herein shall be calculated based on the general minimum wage at the month when the Medical Evaluation Board issues its conclusion.

b) Comprehensive evaluation of the degree of work capacity reduction:

Conditions for comprehensively evaluating the degree of work capacity reduction as stipulated in Clause 2, Article 41 of the Social Insurance Law.

The amount of compensation for workplace accidents and occupational diseases for workers who have been comprehensively evaluated for the degree of work capacity reduction is guided as follows:

For workers who have received one-time or monthly compensation for workplace accidents and occupational diseases, and from January 1, 2007 onwards suffer new workplace accidents or occupational diseases, the compensation for workplace accidents and occupational diseases shall be resolved based on the degree of work capacity reduction resulting from the workplace accident or occupational disease after comprehensive evaluation, according to the provisions in Clause 6, Clause 7, Section III, Part A of Circular Joint Circular No. 148/2007/TTLT/BQP-BCA-BLDTBXH, where:

b1) The amount of compensation based on the new degree of work capacity reduction is calculated based on the general minimum wage at the month of discharge from the hospital following the last treatment for the workplace accident or occupational disease, or at the month when the Medical Evaluation Board issues its conclusion if not hospitalized.

b2) The amount of compensation based on years of social insurance contribution after comprehensive evaluation is calculated based on the number of years of social insurance contribution and the monthly salary for social insurance contribution of the month immediately preceding the cessation of work for treatment of the workplace accident or occupational disease.

Example 8: Comrade Dang Van Hung, staff member of the General Office of the Government, suffered a workplace accident in May 2007, with a degree of work capacity reduction of 32%, and has been receiving monthly compensation for workplace accidents according to Article 22 of Decree No. 68/2007/NĐ-CP. In January 2009, Comrade Dang Van Hung suffered a second workplace accident, was treated in the hospital. After stable recovery, in February 2009, he was discharged back to his unit to continue working, and in March 2009, he underwent a comprehensive evaluation at the Medical Evaluation Board with a new degree of work capacity reduction of 36% after comprehensive evaluation. As of December 2008, Comrade Dang Van Hung had 15 years and 6 months of social insurance contributions, with a monthly salary for social insurance contributions in December 2008 of 2,452,950 VND (coefficient 3.95; seniority rate 15%), assuming the general minimum wage in February 2009 was 540,000 VND/month, Comrade Dang Van Hung's monthly compensation after comprehensive evaluation would be calculated as follows:

- The amount of compensation based on the new degree of work capacity reduction (36%) after comprehensive evaluation is:

0.3 x 540,000 VND + (36-31) x 0.02 x 540,000 VND

= 162,000 VND + 54,000 VND

= 216,000 VND/month.

- The amount of compensation based on years of social insurance contribution (as of December 2008) is:

0.005 x 2,452,950 VND + (15-1) x 0.003 x 2,452,950 VND

= 12,265 VND + 103,024 VND

= 115,289 VND/month.

- The monthly compensation for Comrade Dang Van Hung is:

216,000 VND + 115,289 VND = 331,289 VND/month.

c) Time of receipt of compensation:

- The time of receipt of compensation for workplace accidents and occupational diseases after re-evaluating the degree of work capacity reduction is counted from the month when the Medical Evaluation Board issues its conclusion.

- The time for receiving work injury allowance and occupational disease allowance after a comprehensive assessment of the degree of labor capacity impairment shall be counted from the month when the worker finishes treatment and is discharged from the hospital following the last work injury or occupational disease treatment, or from the month when the Medical Assessment Board issues its comprehensive assessment conclusion if there is no need for inpatient treatment.

d) Responsibility to implement:

Upon the proposal of the head of the agency or unit directly managing the workers, the Social Insurance under the Ministry of National Defense, the Social Insurance under the Ministry of Public Security, and the Social Insurance under the Government Office of Administration shall be responsible for referring the workers to the Medical Assessment Board for re-assessment or comprehensive assessment of work injuries and occupational diseases.

2. Amend and supplement Clause 8 Section III Part A Circular Jointly Issued No. 148/2007/TTLT/BQP-BCA-BLDTBXH as follows:

"8. Provision of assistive living devices and orthopedic appliances

The provision of assistive living devices and orthopedic appliances to workers suffering from work injuries and occupational diseases as stipulated in Article 24 Decree No. 68/2007/NĐ-CP shall be implemented as follows:

Workers suffering from work injuries and occupational diseases who have been injured in their body functions shall be provided with money to purchase assistive living devices and orthopedic appliances according to the prescription at orthopedic and functional rehabilitation facilities under the Department of Labor, Invalids and Social Affairs or provincial-level hospitals and above (referred to as orthopedic and functional rehabilitation facilities), specifically as follows: � The provisions of this Circular on work injury benefits and occupational diseases; retirement benefits shall be implemented by the Department of Veterans Affairs and Social Affairs or provincial-level hospitals and above (referred to as orthopedic and functional rehabilitation facilities), specifically as follows:

a) Regulations on providing money to purchase assistive living devices and orthopedic appliances:

a1) For those who have lost legs, arms, or are paralyzed:

- Those who have lost a leg will be provided with money to purchase a prosthetic leg, with a replacement cycle of three years (if residing in mountainous or highland areas, the replacement cycle is two years); they will also receive an additional 170,000 dong per year to purchase accessories;

- Those who have lost both feet or half a foot and cannot install a prosthetic leg, or those with short legs or deformed feet will be provided with money to purchase corrective shoes or corrective sandals, with a replacement cycle of two years;

- Those who have lost an arm will be provided with money to purchase a prosthetic arm, with a replacement cycle of five years; they will also receive an additional 60,000 dong per year to purchase accessories;

- Those who are completely paralyzed, paralyzed on one side of the body, paralyzed in both legs, or have lost both legs and are unable to move independently will be provided with money once to purchase a wheelchair or walker; they will also receive an additional 300,000 dong per year for maintenance of the equipment.

The amount of money provided for purchasing assistive living devices and orthopedic appliances shall be implemented according to the Price List of Assistive Devices and Orthopedic Appliances attached to this Circular.

a2) For those who have lost eyesight, broken teeth, or are deaf:

- Those who have lost an eye will be provided with money once to install a prosthetic eye based on the actual receipt from the orthopedic and functional rehabilitation facility where they were treated;

- Those who have broken teeth will be provided with money to make false teeth at a price of 1,000,000 dong per tooth, with a replacement cycle of five years;

- Those who are deaf in both ears will be provided with 500,000 dong to purchase hearing aids, with a replacement cycle of three years.

b) Regulations on reimbursement for train and bus fares:

Workers specified in point a above will be reimbursed once for train and bus fares for travel to and from the nearest orthopedic and functional rehabilitation facility from their place of residence or workplace.

c) Responsibilities of the Social Insurance under the Ministry of National Defense, the Social Insurance under the Ministry of Public Security, and the Social Insurance under the Government Office of Administration:

- Provide referral letters to orthopedic and functional rehabilitation facilities for workers under direct management who are entitled to receive appropriate equipment according to their impaired functions;

- Provide money to purchase the equipment and additional money as prescribed in point a above; reimburse train and bus fares as prescribed in point b above.

3. Supplement Clause 10 into Section III Part A Circular Jointly Issued No. 148/2007/TTLT/BQP-BCA-BLDTBXH as follows:

"10. Rest and health recovery after treatment for work injuries and occupational diseases

Rest and health recovery after treatment for work injuries and occupational diseases as stipulated in Clause 1 Article 28 Decree No. 68/2007/NĐ-CP shall be implemented as follows:

Within a period of 60 days, starting from the date of the Medical Assessment Board's conclusion, if the worker's health is still weak, they will be entitled to rest and recover their health. The duration and level of rest and health recovery benefits shall be implemented according to the provisions of Clauses 2 and 3 of Article 28 Decree No. 68/2007/NĐ-CP."

IV. RETIREMENT BENEFITS REGIME

1. Supplement Point e into Clause 6 Section IV Part A Circular Jointly Issued No. 148/2007/TTLT/BQP-BCA-BLDTBXH as follows:

"e) During the period of participating in social insurance, if a worker has two or more periods belonging to the category subject to state-prescribed salary system, the calculation of the average monthly salary in the public sector shall depend on the first time the worker participated in mandatory social insurance.

Example 9: Comrade Lieutenant CN Mai Thi Hong has the following history of social insurance participation:

- From February 1994 to December 2003, she was a teacher at a secondary school;

- From January 2004, she stopped working and did not participate in social insurance but retained her previous social insurance period (9 years and 11 months);

- In September 2006, she was recruited into a military unit, assigned a mid-level rank 1, grade 3, pay scale coefficient 4.10, equivalent to Lieutenant CN.

Therefore, when settling social insurance benefits later, the average monthly salary for calculating pension or lump-sum payment upon retirement or discharge will be calculated based on the average monthly salary of the last 5 years (60 months) before Comrade Mai Thi Hong retires or discharges, due to the fact that the first time she participated in mandatory social insurance was in February 1994.

2. Supplement Clause 10, Clause 11, Clause 12 into Section IV Part A Circular Jointly Issued No. 148/2007/TTLT/BQP-BCA-BLDTBXH as follows:

"10. In cases where workers are sentenced to imprisonment from January 1, 1995 onwards, or leave the country illegally, or are declared missing by the court, after completing their prison sentence or returning legally to reside in the country or being declared missing and then returning, if they have not yet been granted social insurance benefits for the period prior to joining the social insurance scheme, the former agency or unit shall be responsible for reporting to the Social Insurance of the Ministry of National Defense, the Social Insurance of the Ministry of Public Security, and the Social Insurance of the Office of Administrative Technical Services under the Government to issue a social insurance book (if it has not been issued) and to settle pension or one-time social insurance allowance or retain the working time before that, and introduce them to the social insurance of the province or city where they legally reside for acceptance and settlement according to the provisions of the Law on Social Insurance.

11. Workers who have received monthly pension or social insurance allowance, with periods of interruption without receiving the monthly pension or social insurance allowance and without authorizing another person to receive the monthly pension or social insurance allowance, to continue receiving the monthly pension or social insurance allowance, the worker must submit a request clearly stating the reasons for the interruption in receiving the monthly pension or social insurance allowance and provide confirmation from the local authority where they reside that they were not imprisoned, did not leave the country illegally, or were not declared missing during the period of non-receipt of the monthly pension or social insurance allowance.

The months in which the worker did not receive the monthly pension or social insurance allowance, in cases where the worker meets the above conditions, the social insurance agency shall refund according to the level of monthly pension or social insurance allowance stipulated for each month, excluding interest.

12. For those whose receipt of monthly pension or social insurance allowance is suspended as provided for in Article 62 of the Law on Social Insurance, the resumption of the monthly pension or social insurance allowance shall be calculated from the month immediately following the completion of the imprisonment sentence (according to the date of release), or the month when the person declared missing by the court returns (according to the date stated in the decision), or the month when the person returns legally to reside in the country after leaving (according to the date of entry).

V. IMPLEMENTATION PROVISIONS

1. Amend and supplement Clause 7, Part C, Joint Circular No. 148/2007/TTLT-BQP-BCA-BLDTBXH as follows:

"7. Based on the regulations on rest and recuperation set out in Decree No. 152/2006/ND-CP, Decree No. 68/2007/ND-CP, and the guidance provided in Circular No. 19/2008/TT-BLDTBXH dated September 23, 2008 of the Ministry of Labor, Invalids and Social Affairs, and the guidance provided in this Circular, the Social Insurance of the Ministry of National Defense, the Social Insurance of the Ministry of Public Security, and the Social Insurance of the Office of Administrative Technical Services under the Government shall be responsible for providing guidance and organizing implementation in accordance with the organizational characteristics of their respective ministries and sectors." � VI. EFFECTIVE DATE OF IMPLEMENTATION

This Circular takes effect 15 days after its publication in the Official Gazette.

The provisions of this Circular regarding work injury and occupational disease benefits; pension benefits shall be implemented from January 1, 2007.

The provisions of this Circular regarding work injury benefits and occupational diseases; retirement benefits shall take effect from January 1, 2007.

During the process of implementation, if there are any difficulties, units should report to the relevant ministries for consideration and guidance on resolution./.