Circular No. 08/2004/TT-BLDTBXH supplements Circular No. 09/LDTBXH dated April 26, 1996 of the Ministry of Labor, Invalids and Social Affairs on guiding the issuance and recording of social insurance books.

CIRCULAR

OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS NUMBER 08/2004/TT-BLDTBXH DATED JUNE 4, 2004 GUIDING THE SUPPLEMENT TO CIRCULAR NO. 09/LDTTBXH-TT DATED APRIL 26, 1996 OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS ON GUIDELINES FOR ISSUING AND RECORDING SOCIAL INSURANCE BOOKS

IMPLEMENTING DECREE NO. 01/2003/NĐ-CP DATED JANUARY 9, 2003 OF THE GOVERNMENT ON AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF THE SOCIAL INSURANCE REGULATIONS; DECREE NO. 73/1999/NĐ-CP DATED AUGUST 19, 1999 OF THE GOVERNMENT ON POLICIES TO ENCOURAGE SOCIALIZATION IN EDUCATION, HEALTH CARE, CULTURE, AND SPORTS ACTIVITIES; DECREE NO. 41/2002/NĐ-CP DATED APRIL 11, 2002 OF THE GOVERNMENT ON POLICIES FOR SURPLUS LABOR DUE TO RESTRUCTURING STATE-OWNED ENTERPRISES; AND DECREE NO. 121/2003/NĐ-CP DATED OCTOBER 21, 2003 ON REGULATIONS AND POLICIES FOR CADRES AND CIVIL SERVANTS AT COMMUNES, WARD, AND TOWNS, THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS GUIDES THE SUPPLEMENT TO CIRCULAR NO. 09/LDTTBXH-TT DATED APRIL 26, 1996 ON GUIDELINES FOR ISSUING AND RECORDING SOCIAL INSURANCE BOOKS FOR THE SUBJECTS MENTIONED IN THE ABOVE DECREES AS FOLLOWS:

I. SUBJECTS ELIGIBLE FOR SOCIAL INSURANCE BOOKS

SUPPLEMENTING POINT 1, SECTION II OF CIRCULAR NO. 09/LDTTBXH-TT WITH THE FOLLOWING SUBJECTS:

1. WORKERS EMPLOYED UNDER FIXED-TERM LABOR CONTRACTS OF THREE MONTHS OR MORE IN ORGANIZATIONS WITHOUT LEGAL PERSONALITY SUCH AS INDIVIDUAL HOUSEHOLD PRODUCTION AND BUSINESS OPERATIONS, COOPERATIVE GROUPS, ETC., AS STIPULATED IN ARTICLE 1 OF DECREE NO. 01/2003/NĐ-CP DATED JANUARY 9, 2003 OF THE GOVERNMENT ON AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF THE SOCIAL INSURANCE REGULATIONS ISSUED TOGETHER WITH DECREE NO. 12/CP DATED JANUARY 26, 1995 OF THE GOVERNMENT.

2. WORKERS EMPLOYED IN NON-PUBLIC ORGANIZATIONS AS STIPULATED IN ARTICLE 4 OF DECREE NO. 73/CP/1999/NĐ-CP DATED AUGUST 19, 1999 OF THE GOVERNMENT;

3. WORKERS WHO CONTINUE TO PAY SOCIAL INSURANCE UNTIL THEY REACH RETIREMENT AGE AS STIPULATED IN CLAUSE 3, ARTICLE 3 AND CLAUSE 3, ARTICLE 4 OF DECREE NO. 41/2002/NĐ-CP DATED APRIL 11, 2002 OF THE GOVERNMENT;

4. FULL-TIME CADRES AT COMMUNE LEVEL WHO CONTINUE TO PAY SOCIAL INSURANCE UNTIL THEY REACH RETIREMENT AGE AS STIPULATED IN CLAUSE 2, ARTICLE 5 OF DECREE NO. 121/2003/NĐ-CP DATED OCTOBER 21, 2003 OF THE GOVERNMENT.

II. RECORDING IN SOCIAL INSURANCE BOOKS

SUPPLEMENTING ITEM B, POINT 2, SECTION III OF CIRCULAR NO. 09/LDTTBXH-TT WHEN CONFIRMING IN COLUMN 9 AND COLUMN 10 ACCORDING TO THE FOLLOWING PROCEDURE:

1. FOR SUBJECTS UNDER POINT 1 AND POINT 2, SECTION I ABOVE:

THE EMPLOYER, WHICH IS AN INDIVIDUAL HOUSEHOLD PRODUCTION AND BUSINESS OPERATION, COOPERATIVE GROUP, PRIVATE ESTABLISHMENT, OR OTHER ORGANIZATION, SHALL SIGN AND CLEARLY WRITE THEIR NAME IN COLUMN 9 EACH TIME THEY RECORD THE SOCIAL INSURANCE BOOK AFTER PAYING SOCIAL INSURANCE; THEREAFTER, THE SOCIAL INSURANCE AGENCY SHALL SIGN AND CONFIRM IN COLUMN 10.

2. FOR SUBJECTS UNDER POINT 3 AND POINT 4, SECTION I ABOVE:

AFTER EACH PAYMENT OF SOCIAL INSURANCE, THE WORKER SHALL SIGN AND CLEARLY WRITE THEIR NAME IN COLUMN 9; THE SOCIAL INSURANCE AGENCY MANAGING THE COLLECTION OF SOCIAL INSURANCE FROM THE WORKER AFTER THEY STOP WORKING (ACCORDING TO THE GRADING OF THE VIETNAMESE SOCIAL INSURANCE) SHALL SIGN AND CONFIRM IN COLUMN 10.

III. IMPLEMENTATION PROVISIONS

This Circular takes effect 15 days from the date of publication in the Official Gazette.

DURING THE IMPLEMENTATION PROCESS, IF THERE ARE ANY DIFFICULTIES, THEY SHOULD BE REPORTED TO THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS FOR STUDY AND RESOLUTION.