CIRCULAR

Guidelines for Decision 613/QD-TTg dated May 6, 2010 of the Prime Minister on monthly allowances for those who have worked from 15 to less than 20 years and have reached the end of their entitlement period for disability benefits

__________________________

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Decision No. 613/QD-TTg dated May 6, 2010 of the Prime Minister on monthly allowances for those who have worked from 15 to less than 20 years and have reached the end of their entitlement period for disability benefits (hereinafter referred to as Decision No. 613/QD-TTg);

The Ministry of Labor, War Invalids and Social Affairs guides the implementation of Decision No. 613/QD-TTg as follows:

Article 1. Scope of Regulation and Applicability

This Circular provides guidance on the implementation of monthly allowances, health insurance benefits, and funeral grants for individuals who have reached the end of their entitlement period for disability benefits and are not eligible to continue receiving monthly disability benefits under Decision No. 60/HĐBT dated March 1, 1990 of the Council of Ministers (now the Government) and Decision No. 812/TTg dated December 12, 1995 of

1. Individuals who have reached the end of their entitlement period for monthly disability benefits and have reached retirement age (men aged 60, women aged 55) before July 1, 2010.

2. Individuals who have reached the end of their entitlement period for monthly disability benefits but have not yet reached retirement age as of July 1, 2010.

3. This Circular does not apply to individuals meeting the conditions set forth in Clause 1 and Clause 2 of Article 1 hereof if they fall into any of the following cases:

a) Currently serving a prison sentence without probation;

b) Leaving the country illegally;

c) Declared missing by a court;

d) Receiving monthly allowances or meeting the criteria for monthly allowances under Decision No. 142/2008/QD-TTg dated October 27, 2008 of

đ) Died before July 1, 2010.

Individuals specified in sub-clause a, b, and c of this clause shall be entitled to monthly allowances when they have completed their prison sentences or returned from being declared missing or returned legally from abroad.

Article 2. Conditions for Entitlement to Monthly Allowances

Individuals specified in Clause 1 and Clause 2 of Article 1 of this Circular shall be entitled to monthly allowances if they meet the following conditions:

1. They have reached the end of their entitlement period for disability benefits and are not eligible to continue receiving monthly disability benefits.

2. They have reached retirement age.

Article 3. Time of Entitlement to Monthly Allowances

1. Individuals specified in Clause 1 of Article 1 of this Circular shall be entitled to monthly allowances at the rate prescribed in Article 4 of this Circular starting from May 1, 2010.

Example 1: Mr. Nguyen Van A was born in May 1948, with actual working time of 18 years and 6 months (converted working time is 22 years), retired to receive disability benefits from August 1990 to August 2001, reaching the end of his entitlement period.

Mr. A reached retirement age in June 2008, so he is entitled to monthly allowances at the rate prescribed in Article 4 of this Circular starting from May 1, 2010.

2. Individuals specified in Clause 2 of Article 1 of this Circular shall be entitled to monthly allowances at the rate prescribed in Article 4 of this Circular starting from the first day of the month immediately following the month in which they reach retirement age.

In cases where the disability benefit application only records the year of birth without the date and month, January 1 of the year of birth shall be used as the basis for determining the time of entitlement to monthly allowances.

Example 2: Ms. Nguyen Thi B was born in July 1956, with actual working time of 15 years and 6 months (converted working time is 15 years and 6 months), retired to receive disability benefits from September 1992 to June 2000, reaching the end of her entitlement period.

Ms. B is entitled to monthly allowances at the rate prescribed in Article 4 of this Circular starting from August 1, 2011 (July 2011 is the month she reached retirement age).

Example 3: Ms. Nguyen Thi C was born in 1957, with actual working time of 17 years (converted working time is 18 years), retired to receive disability benefits from August 1992 to August 2001, reaching the end of her entitlement period.

Since Ms. C's disability benefit application only records the year of birth (1957) without the date and month, she is entitled to monthly allowances at the rate prescribed in Article 4 of this Circular starting from January 1, 2012.

3. Individuals specified in sub-clause a, b, and c of Clause 3 of Article 1 of this Circular shall be entitled to monthly allowances at the rate prescribed in Article 4 of this Circular starting from the first day of the month immediately following the month in which they complete their prison sentences or return from being declared missing or return legally from abroad.

Example 4: Mr. Nguyen Van D was born in May 1947, with actual working time of 18 years and 6 months (converted working time is 22 years), retired to receive disability benefits from August 1990 to August 2001, reaching the end of his entitlement period. In 2008, due to violation of the law, Mr. D was sentenced to six years in prison.

Assuming that Mr. D completes his prison sentence in June 2013, he will be entitled to monthly allowances at the rate prescribed in Article 4 of this Circular starting from July 1, 2013.

Article 4. Monthly Allowance Rate

1. The monthly allowance rate is uniformly calculated based on the monthly allowance rate currently enjoyed by the subjects specified in Decision No. 91/2000/QĐ-TTg dated August 4, 2000.

2. During the period of receiving the monthly allowance, the recipient shall also enjoy medical insurance benefits as prescribed by laws on medical insurance; upon death, the person handling the funeral shall be entitled to funeral allowance as prescribed by current laws on social insurance.

Article 5. Documents for Monthly Allowance and Processing Time

1. Documents for Monthly Allowance:

a) Application form for monthly allowance resolution (in accordance with the model prescribed by the Vietnam Social Security).

b) Documents for disability allowance.

c) Resolution on monthly allowance (in accordance with the model prescribed by the Vietnam Social Security).

2. Documents for Funeral Allowance:

a) Application form for funeral allowance resolution (in accordance with the model prescribed by the Vietnam Social Security).

b) Copy of Death Certificate or copy of death registration certificate or copy of Court's decision declaring death or confirmation letter from the People's Committee of the commune, ward, town where the monthly allowance recipient was buried.

c) Resolution on monthly allowance.

d) Resolution on funeral allowance (in accordance with the model prescribed by the Vietnam Social Security).

3. Time limit for resolution:

a) Monthly allowance: within a maximum of 30 working days from the date the social security agency receives the application for monthly allowance resolution from persons meeting the conditions for entitlement as prescribed. For cases meeting the conditions for entitlement and submitting an application for monthly allowance resolution before November 30, 2010, the processing time must be completed before January 1, 2011.

b) Funeral allowance: within a maximum of 15 working days from the date the social security agency receives the documents stipulated in points a and b, clause 2 of this Article from the relatives of the monthly allowance recipient. If the deadline has passed without resolution, the agency must respond in writing and specify the reasons.

Article 6. Implementation Organization

1. The Ministry of Labor, Invalids, and Social Affairs shall inspect the implementation of the provisions of Decision No. 613/QĐ-TTg and this Circular.

2. The People's Committees of provinces and centrally governed cities shall direct the Departments of Labor, Invalids, and Social Affairs to inspect and urge the implementation of the provisions of Decision No. 613/QĐ-TTg and this Circular.

3. The Vietnam Social Security shall be responsible for directing and organizing the implementation of monthly allowances, medical insurance benefits, and funeral allowances as prescribed in Decision No. 613/QĐ-TTg and guided in this Circular. Annually, it shall compile the number of beneficiaries and prepare the budget estimate for payment expenses according to current financial management regulations for the Vietnam Social Security and submit them to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance.

Article 7. Implementation Provisions

1. This Circular shall take effect 45 days from the date of issuance. The provisions of this Circular shall be implemented from May 1, 2010.

2. Persons who have worked for at least 15 but less than 20 years in actual service, as of July 1, 2010, still receiving monthly disability allowance, when their disability allowance period ends and they do not qualify for continued monthly disability allowance, shall be entitled to the benefits prescribed in this Circular. The start date for monthly allowance shall be the first day of the month following the month in which the worker meets the conditions stipulated in Article 2 of this Circular.

3. In case of difficulties during implementation, please report to the Ministry of Labor, Invalids, and Social Affairs for timely research and resolution.