Decision No. 107/2007/QĐ-TTg On the calculation of time for enjoying social insurance benefits for civil servants, public officials, employees, workers, military personnel, and police officers under the establishment of state agencies, political organizations, state-owned enterprises, and armed forces units who have legally exited the country but did not return on schedule.

DECISION OF THE PRIME MINISTER

On calculating time for enjoying social insurance benefits for cadres, civil servants,

employees, workers, military personnel and public security officers under the establishment of state agencies,

political organizations, political-social organizations, state-owned enterprises,

armed forces units who have legally exited the country but did not return on time

PRIME MINISTER

Based on the Law on the Organization of the Government dated December 25, 2001;

Pursuant to the Labor Code dated June 23, 1994 and the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002; the Social Insurance Law dated June 29, 2006;

Considering the proposal of the Minister of Foreign Affairs, the Minister of Labor, Invalids and Social Affairs,

DECISION:

Article 1.

1. The period to be counted for enjoying retirement and survivor benefits for cadres, civil servants, employees, workers, military personnel and public security officers under the establishment of state agencies, political organizations, political-social organizations, state-owned enterprises, armed forces units dispatched abroad for work, study, or employment with a fixed term, who have legally exited the country, returned to the country before January 1, 2007 but not within the prescribed time limit, shall be regulated as follows:

a) The time worked domestically prior to going abroad for work, study, or employment and the time spent abroad within the permitted period before January 1, 1995, if not yet receiving severance pay or lump-sum payment, demobilization allowance, or discharge allowance, such time shall be counted as the time contributing to social insurance for the purpose of calculating retirement and survivor benefits;

b) The time working with social insurance contributions from January 1, 1995 onwards shall be calculated according to the provisions of the law on social insurance.

2. In cases where there is a violation of foreign laws resulting in expulsion or disciplinary action requiring return to the country or imprisonment before January 1, 1995, such cases do not fall within the scope of application of the provision at point a, Clause 1 of this Article.

Article 2.

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

2. This Decision replaces the provisions on social insurance benefits in Article 3 of Decision No. 957/1997/QĐ-TTg dated November 11, 1997 of the Prime Minister improving certain procedures for exit and handling issues related to Vietnamese citizens who have exited the country but did not return on time.

Article 3.

1. The Minister of Labor, Invalids and Social Affairs shall guide the implementation of this Decision.

2. The Vietnam Social Security shall be responsible for calculating and paying social insurance benefits for the subjects specified in Clause 1, Article 1 of this Decision.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for enforcing this Decision./.