Circular No. 181/2016/TT-BQP guides on the files, procedures, and responsibilities for resolving social insurance benefits within the Ministry of National Defense.

CIRCULAR

Guidelines on the dossier, procedure, and responsibility for receiving social insurance benefits

within the Ministry of National Defense

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly regarding the implementation of the policy for one-time social insurance benefits for workers;

Pursuant to Decree No. 115/2015/NĐ-CP dated November 11, 2015 of the Government detailing certain provisions of the Law on Social Insurance regarding mandatory social insurance;

Pursuant to Decree No. 33/2016/NĐ-CP dated May 10, 2016 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding mandatory social insurance for military personnel, public security officers, and civil servants with salaries equivalent to those of military personnel;

Pursuant to Decree No. 134/2015/NĐ-CP dated December 29, 2015 of the Government detailing certain provisions of the Social Insurance Law regarding voluntary social insurance;

Pursuant to Decree No. 37/2016/NĐ-CP dated May 15, 2016 of the Government detailing and guiding the implementation of certain provisions of the Labor Safety and Health Law regarding mandatory work injury and occupational disease insurance;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Political General Department,

The Minister of National Defense issues this Circular guiding on the dossier, procedure, and responsibility for receiving social insurance benefits within the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on the dossier, procedure, and responsibilities of agencies, units, organizations, and individuals related to the resolution of sickness; maternity; work injury, occupational disease; retirement; and death benefits within the Ministry of National Defense.

Article 2. Applicability

This Circular applies to:

1. Military personnel; persons engaged in confidential work with salaries equivalent to those of military personnel; defense workers; and contractual laborers in agencies, units, and enterprises under the Ministry of National Defense (hereinafter collectively referred to as employees).

2. Relatives of employees participating in mandatory social insurance; individuals participating in voluntary social insurance; and individuals receiving pensions pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on implementing the retirement system for military personnel directly involved in the resistance war against America to save the country from April 30, 1975, who have served at least 20 years in the military and have been discharged or retired (hereinafter abbreviated as Decree No. 159/2006/NĐ-CP); Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government amending and supplementing certain provisions of Decree No. 159/2006/NĐ-CP; Decree No. 23/2012/NĐ-CP dated April 3, 2012 of the Government stipulating certain benefits for individuals participating in wars to protect the country and international missions in Cambodia and assisting Laos after April 30, 1975, who have served at least 20 years in the military or police and have been discharged, retired, or left their positions.

3. Agencies, units, and enterprises under the Ministry of National Defense (hereinafter collectively referred to as employers) and organizations and individuals related to the preparation of dossiers for resolving social insurance benefit guidance provided in this Circular.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Place of residence of citizens is a lawful place where they regularly live, being either a permanent residence or temporary residence as prescribed by laws on residence.

2. Original, copy, certified copy from original, copy issued from the original record, and duplicate copy.

a) "Original," "Copy," "Certified copy from original," and "Copy issued from the original record" mentioned in this document shall be implemented according to the provisions of Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing copies from original records, certifying copies from originals, certifying signatures, and certifying contracts and transactions;

b) "Duplicate copy" as defined in this document is a photocopy from "Original," "Copy," "Certified copy from original," "Copy issued from the original record," or "Excerpt" and is confirmed by the competent authority as a copy from the original or from the aforementioned copies to complete the dossier for archiving or to introduce the death benefit dossier to the local authorities where relatives reside;

c) If the components of the dossier mentioned in this document are not specified as originals, they may be submitted as originals, copies (accompanied by the original for comparison), certified copies from originals, or copies issued from the original record; other components of the dossier stipulated in this document that are prepared by the competent authority shall be originals.

4. Diseases requiring long-term treatment to receive social insurance benefits are diseases listed in the Catalogue of Diseases Requiring Long-Term Treatment issued together with Circular No. 14/2016/TT-BYT dated May 12, 2016 of the Ministry of Health detailing the implementation of certain provisions of the Social Insurance Law in the field of health (hereinafter abbreviated as Circular No. 14/2016/TT-BYT).

5. Human resources department refers to the Personnel, Military Affairs, and Labor Wages Organization departments of units from the level subordinate to the Ministry of National Defense downwards.

5. Abbreviations:

- Social Insurance: BHXH;

- Health Insurance: BHYT;

- Unemployment Insurance: BHTN;

- Workplace Accidents: TNLĐ;

- Occupational Diseases: BNN.

Article 4. Documents, number of documents for social insurance benefits, and social insurance booklets; authority to resolve social insurance benefits for non-commissioned officers and soldiers; sickness, maternity benefits, and health recovery allowances for workers in third-tier enterprises and public service units.

1. Documents, number of documents for social insurance benefits, and social insurance booklets

a) Workers, dependents of workers, employers, individuals, and organizations related to providing, declaring, confirming, and preparing documents must fill out fully, accurately, truthfully, within their authority, and bear legal responsibility for the contents declared and confirmed;

b) Documents for resolving social insurance benefits must be prepared in full quantity, forms must be consistent, and managed and stored according to the list of decisions of the State in the field of national defense and security;

c) The number of documents for retirement benefits, one-time social insurance benefits, work injury, occupational disease, and death benefits is the number of social insurance booklets. In cases not eligible for social insurance booklets, the number of retirement documents is the number of documents or the number of monthly social insurance allowance booklets;

d) Social insurance booklet (including cover page and loose pages) of workers after resolving retirement, death, or one-time social insurance benefits shall be stored at the Social Insurance under the Ministry of National Defense.

2. Authority to resolve social insurance benefits for non-commissioned officers and soldiers and to resolve sickness, maternity benefits, and health recovery allowances for workers in third-tier enterprises and public service units (directly paying social insurance to the Social Insurance under the Ministry of National Defense)

a) Authority to resolve social insurance benefits for non-commissioned officers and soldiers:

Agencies, units, and enterprises under the Ministry of National Defense prepare documents for resolving and disbursing benefits upon discharge from military service from the social insurance fund for non-commissioned officers and soldiers under their command; send decisions and lists (accompanied by CDs) to the Social Insurance under the Ministry of National Defense for settlement purposes;

b) Resolving sickness, maternity benefits, and health recovery allowances for workers in third-tier enterprises and public service units (directly paying social insurance to the Social Insurance under the Ministry of National Defense):

Monthly, prepare documents for resolving sickness, maternity, post-sickness, and post-maternity health recovery benefits and transfer them to the Social Insurance under the Ministry of National Defense for direct review; retrieve the documents and proceed with benefit disbursement for workers after approval by the Social Insurance under the Ministry of National Defense.

Article 5. Forms and documents for resolving social insurance benefits

1. Workers; dependents of workers; employers, organizations, and individuals related to implementing based on the forms and documents provided in this Circular;

2. Application forms, declaration forms, and guiding documents in this Circular shall be provided free of charge by the Social Insurance under the Ministry of National Defense or the employer directly responsible for resolving social insurance benefits for workers, or printed, photocopied, typed, or handwritten by workers according to the prescribed form content;

3. Form C70a-HD, C70b-HD will be temporarily applied until the Ministry of Finance issues new regulations;

4. Discharge certificate, birth certificate, sick leave certificate for social insurance, pregnancy leave certificate, and certificate of insufficient health to care for children after childbirth, medical record summary (summary of medical records) issued by healthcare facilities shall be implemented according to Circular No. 14/2016/TT-BYT.

Chapter II

SOCIAL INSURANCE BENEFITS DOCUMENTS; PROCEDURES, RESPONSIBILITIES, AND TIME LIMITS FOR RESOLVING BENEFITS

Section 1. SICK LEAVE REGIME

Article 6. Documents for Processing Sick Leave Benefits

1. The original or a copy of the discharge certificate for employees or their children who have been hospitalized. In cases where employees or their children receive outpatient treatment, they must provide the original sick leave certificate for social insurance benefits (original). If both parents take leave to care for their sick child, the sick leave certificate of either parent can be a copy.

2. In cases where employees or their children seek medical treatment abroad, the documents specified in Clause 1 of this Article shall be replaced by a certified Vietnamese translation of the medical examination and treatment certificate issued by foreign healthcare facilities.

3. In addition to the documents specified in Clauses 1 and 2 of this Article, the personnel department shall prepare an additional list requesting processing of sick leave, maternity leave, and health recovery benefits (Form C70a-HD; hereinafter referred to as the list).

Article 7. Procedure and Timeframe for Processing Sick Leave Benefits

1. Within 45 days from the date of returning to work, employees are responsible for submitting the documents as specified in Clause 1 or Clause 2 of Article 6 of this Circular to the personnel department at the brigade level or equivalent.

2. Within 10 days from the date of receiving valid documents, employers shall complete the processing of sick leave benefits for employees.

3. In cases where employees submit incomplete documents, the personnel department must notify the employee in writing and specify the reasons.

Article 8. Responsibilities for Processing Sick Leave Benefits

1. For Employees

Submit the documents as specified in Clause 1 or Clause 2 of Article 6 of this Circular to the personnel department at the brigade level or equivalent.

2. For Employers Belonging to Budgetary Units

a) Personnel Department at the Brigade Level or Equivalent

- Guide and accept documents from employees according to regulations; prepare two copies of the list (Form C70a-HD); transfer them to the financial department at the same level along with the documents for processing sick leave benefits of each employee (excluding the social insurance book) and all data in electronic file format (data file) on a CD;

- When reviewing the documents for sick leave benefits, if the employee submits a copy of the discharge certificate, the personnel department shall confirm "APPROVED" on the original presented by the employee and return it to the employee.

b) Financial Department at the Brigade Level or Equivalent

- Accept documents and lists (Form C70a-HD) and all data in electronic file format (data file) on a CD transferred by the personnel department; review and consolidate (Form 04/BHXH issued together with Circular No. 42/2009/TT-BQP dated July 30, 2009 of the Ministry of Defense guiding the management of mandatory social insurance revenue and expenditure in the Vietnam People's Army; hereinafter referred to as Circular No. 42/2009/TT-BQP);

- Ensure timely and full payment of sick leave benefits to employees; refuse payment for cases where the benefit calculation is incorrect. When disbursing sick leave benefits, recover the salary already received during the sick leave period;

- Monthly, quarterly, and annually, compile and prepare settlement reports (along with other social insurance benefit payments) to be submitted to the higher-level financial department as prescribed;

- Store documents and vouchers as prescribed.

c) Higher-Level Financial Department at the Brigade Level or Equivalent

- Quarterly, accept settlement reports accompanied by lists (Form C70a-HD) transferred by subordinate financial units; review and confirm settlement reports for each unit; compile and prepare settlement reports (along with other social insurance benefit payments) to be submitted to the higher-level financial department.

- Store documents and vouchers as prescribed.

d) Financial Department of Subordinate Units under the Ministry

Quarterly and annually, review and confirm settlement reports of subordinate units; compile and prepare settlement reports (along with other social insurance benefit payments) to be submitted to the Social Insurance Department of the Ministry of Defense as prescribed.

3. For Employers Belonging to Enterprises Under the Ministry

a) The personnel department is responsible for implementing as guided by Point a of Clause 2 of this Article for the personnel department at the brigade level or equivalent.

b) Financial Department

- Quarterly, accept settlement reports, documents, and lists (Form C70a-HD) and all data in electronic file format (data file) on a CD transferred by lower-level enterprises; review and prepare two copies of the list for processing sick leave benefits (Form C70b-HD) and confirm the settlement report to be returned to the enterprise;

- Quarterly and annually, compile and prepare settlement reports (along with other social insurance benefit payments) to be submitted to the Social Insurance Department of the Ministry of Defense as prescribed.

4. For Employers at Enterprises Under Third-Level Units, Public Service Organizations, and Directly Pay Social Insurance and Health Insurance to the Social Insurance Department of the Ministry of Defense (collectively referred to as third-level enterprises)

a) Personnel Department

Monthly, guide and accept documents from employees according to regulations; prepare two copies of the list (Form C70a-HD); transfer them to the Social Insurance Department of the Ministry of Defense along with the documents for processing sick leave benefits of each employee (excluding the social insurance book) and all data in electronic file format (data file) on a CD.

b) Financial Department

- Accept the list (Form C70b-HD) reviewed by the Social Insurance Department of the Ministry of Defense along with the documents and list (Form C70a-HD) transferred by the personnel department; consolidate (Form 04/BHXH issued together with Circular No. 42/2009/TT-BQP);

- Ensure timely and full payment of sick leave benefits to employees after receiving the list (Form C70a-HD and Form C70b-HD) transferred by the personnel department;

- Quarterly and annually, compile and prepare settlement reports (along with other social insurance benefit payments) to be submitted to the Social Insurance Department of the Ministry of Defense as prescribed.

- Store documents and vouchers as prescribed.

Mục 2. MATERNITY REGIME

Article 9. Documents for processing maternity benefits

1. For female workers (including surrogate mothers) who undergo prenatal examinations, miscarriages, abortions, stillbirths, or pathological terminations, and for workers implementing contraceptive measures, the documents required include discharge certificates (originals or copies) for inpatient treatment or original certificates of work cessation to receive social insurance benefits for outpatient treatment.

2. For female workers contributing to social insurance who give birth, or for husbands or foster parents in cases where the mother dies or the child dies after birth, or the mother is unable to care for the child due to postpartum complications, the documents include:

a) Copies of the child's birth certificate or birth registration certificate, except in cases where the child has died without being issued a birth registration certificate;

b) In cases where the child has died, in addition to the documents specified in Point a of this Clause, there must also be: Copies of the child's death certificate or death registration extract, or extracts from the medical record or discharge certificate of the mother if the child died after birth without being issued a birth registration certificate;

c) In cases where the mother has died, in addition to the documents specified in Point a of this Clause, there must also be: Copies of the mother's death certificate or death registration extract;

d) In cases where female workers must take leave to rest during pregnancy, in addition to the documents specified in Point a of this Clause, there must also be: Certificates from authorized healthcare facilities confirming that the female worker must take leave to rest during pregnancy;

đ) In cases where the mother is unable to care for the child after giving birth due to poor health, in addition to the documents specified in Point a of this Clause, there must also be: Certificates from authorized healthcare facilities confirming the mother's condition after giving birth, which prevents her from caring for the child;

3. For workers receiving foster children under six months old, the documents required are certification of foster parenthood issued by the competent authority.

4. For male workers whose wives have given birth or husbands of female workers who are surrogate mothers as stipulated in Clause 2, Article 34 of the Social Insurance Law, the documents include:

a) Documents as guided in Clause 2 of this Article;

b) Medical facility confirmation for births under 32 weeks gestation or requiring surgery;

5. For female workers who are surrogate mothers when giving birth, the documents include:

a) Copies of the child's birth certificate or birth registration extract or birth registration certificate, except in cases where the child has died without being issued a birth registration certificate;

b) Agreements on surrogacy for humanitarian purposes as stipulated in Article 96 of the Marriage and Family Law 2014; documents confirming the time of transfer of the child between the requesting party and the surrogate mother;

c) In cases where the child has died, in addition to the documents specified in Points a and b of this Clause, there must also be: Copies of the child's death certificate or death registration extract, or extracts from the medical record or discharge certificate of the female worker if the child died after birth without being issued a birth registration certificate;

d) In cases where the female worker who is a surrogate mother has died after giving birth, in addition to the documents specified in Points a and b of this Clause, there must also be: Copies of the death certificate or death notice or death registration extract;

đ) In cases where the female worker who is a surrogate mother must take leave to rest during pregnancy, in addition to the documents specified in Points a and b of this Clause, there must also be: Certificates from authorized healthcare facilities confirming the need to take leave to rest during pregnancy;

6. For the mother requesting surrogacy, the documents include:

a) Copies of the child's birth certificate or birth registration extract or birth registration certificate, except in cases where the child has died without being issued a birth registration certificate;

b) Agreements on surrogacy for humanitarian purposes as stipulated in Article 96 of the Marriage and Family Law 2014; documents confirming the time of transfer of the child between the requesting party and the surrogate mother;

c) In cases where the child under six months old has died, in addition to the documents specified in Points a and b of this Clause, there must also be: Copies of the child's death certificate or death registration extract;

d) In cases where the mother requesting surrogacy has died, in addition to the documents specified in Points a and b of this Clause, there must also be: Copies of the mother's death certificate or death registration extract;

đ) In cases where the mother requesting surrogacy is unable to care for the child due to poor health, in addition to the documents specified in Points a and b of this Clause, there must also be: Certificates from authorized healthcare facilities confirming the mother's condition, which prevents her from caring for the child;

7. For male workers when their wives give birth (in cases where only the father participates in social insurance), the documents should follow the guidance in Points a, b, c, đ of Clause 2 of this Article.

8. In addition to the documents specified in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article, personnel departments must also prepare a list (Form C70a-HD).

9. For workers who have been demobilized, discharged, or left their jobs before the childbirth, adoption, or foster parenthood period, the documents required include: Social insurance books and documents as specified in Clause 2, Clause 3, Clause 5, or Clause 6 of this Article.

Article 10. Procedure and Time for Resolving Maternity Benefits

1. Within forty-five days from the date of returning to work, female workers or employees (referred to collectively as employees) shall be responsible for submitting the application dossier in accordance with the guidance provided in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 9 of this Circular to the personnel agency at the battalion level and equivalent.

In cases where employees have been demobilized, discharged, or resigned before the childbirth, adoption, or foster care date, they shall submit the application dossier in accordance with the guidance provided in Clause 9 of Article 9 of this Circular to the social insurance agency at their place of residence for consideration and resolution within the scope of authority.

2. Within ten days from the date of receiving valid applications, the employer shall complete the resolution of maternity benefits for employees.

3. In cases where employees submit incomplete applications, the personnel agency or the social insurance agency must notify the employees in writing and clearly state the reasons.

Article 11. Responsibilities for Resolving Maternity Benefits

1. Employees

a) In general cases: Employees shall submit the application dossier in accordance with the guidance provided in Clause 1; Point a, Point d of Clause 2; or Clauses 3, 4 of Article 9 of this Circular;

b) In cases where the child dies after birth: Submit additional application dossiers in accordance with the guidance provided in Point b of Clause 2; Point c of Clause 5; Point c of Clause 6 of Article 9 of this Circular;

c) In cases where only the mother participates in social insurance and meets the conditions for receiving allowances after childbirth or foster care, and the mother dies or encounters risks after childbirth and is unable to care for the child, the father or the person directly nurturing the child shall submit the application dossier in accordance with the guidance provided in Points a, c, d, đ of Clause 2; or Points a, b, d, đ of Clause 6 of Article 9 of this Circular to the personnel agency where the mother paid social insurance contributions;

d) In cases where both the father and mother participate in social insurance and meet the conditions for receiving allowances, but after childbirth or foster care, the mother dies or encounters risks after childbirth and is unable to care for the child, the father:

- Shall submit the application dossier in accordance with the guidance provided in Point c of this Clause to the personnel agency where the mother paid social insurance contributions for the case where the mother participated in social insurance and met the conditions for receiving allowances (to resolve one-time allowance upon childbirth and allowance for the period when the mother was alive or resolve allowance for the father in the case where the father participated in social insurance but did not take leave);

- Shall submit the application dossier in accordance with the guidance provided in Point c of this Clause to the personnel agency where the father paid social insurance contributions to enjoy allowance for the period after the mother's death or when the mother encountered risks after childbirth and was unable to care for the child.

đ) In cases where only the father participates in social insurance, if after childbirth or foster care, the mother dies or encounters risks after childbirth and is unable to care for the child, the father shall submit the application dossier in accordance with the guidance provided in Point c of this Clause (excluding Point d of Clause 2 of Article 9 of this Circular) to the personnel agency where the father pays social insurance contributions;

e) Female workers who carry a pregnancy on behalf of another shall submit the application dossier in accordance with the guidance provided in Points a, b, đ of Clause 5 of Article 9 of this Circular to the personnel agency where they pay social insurance contributions;

g) Male workers whose wives give birth or husbands of female workers who carry a pregnancy on behalf of another take leave to enjoy maternity benefits according to the provisions of Clause 4 of Article 3 of Decree No. 115/2015/NĐ-CP dated November 11, 2015 of the Government detailing certain provisions of the Social Insurance Law on mandatory social insurance shall submit the application dossier in accordance with the guidance provided in Clause 4 of Article 9 of this Circular to the personnel agency where they pay social insurance contributions;

h) Female workers who entrust others to carry a pregnancy on their behalf or relatives of female workers who entrust others to carry a pregnancy on their behalf shall submit the application dossier in accordance with the guidance provided in Points a, b, and d of Clause 6 of Article 9 of this Circular to the personnel agency where they pay social insurance contributions.

2. Employers

Shall fulfill responsibilities as guided in Clause 2 or Clause 3 or Clause 4 of Article 8 of this Circular. When disbursing maternity benefits, employers must recover the salary already received by employees during their leave for prenatal checkups, miscarriages, abortions, stillbirths, and contraceptive measures, or during the months they were on leave for childbirth or foster care.

Section 3. REGIME FOR WORK-RELATED ACCIDENTS AND OCCUPATIONAL DISEASES

Article 12. Documents for requesting medical examination of work-related accidents and occupational diseases

1. Application for medical examination of work-related accidents and occupational diseases (initial, recurrence, or comprehensive examination) by the worker (Form No. 14-HBQP).

2. Request letter from the head of the unit directly under the Ministry.

3. Introduction letter from the competent authority or the social insurance agency (Form No. 15A-HBQP).

4. In addition to the documents specified in Clauses 1, 2, and 3 of this Article, there shall be:

a) For initial application for disability assessment due to work-related accident: Documents as guided in Clauses 4 and 6 of Article 13 of this Circular and a copy of the social insurance book;

c) For initial application for occupational disease: Documents as guided in Clauses 3 and 5 of Article 14 of this Circular and a copy of the social insurance book;

c) For application for re-examination of work-related accident:

- Medical records of recurrent injuries:

+ For workers treated as inpatients: A copy of the discharge summary according to Form No. 5 attached to Circular No. 14/2016/TT-BYT or a summary of the medical record according to Form No. 6 attached to Circular No. 14/2016/TT-BYT;

+ For workers treated as outpatients: A copy of the documents on examination and treatment of work-related injuries, including: Medical record book, outpatient card, prescription or appointment for follow-up examination or a summary of the outpatient medical record;

- Medical examination report of the previous nearest examination;

- Copy of the file on receiving work-related accident benefits.

d) For re-examination of occupational disease:

- Occupational disease examination file or occupational disease file or health checkup record discovering occupational disease (hereinafter referred to as occupational disease examination file);

- Medical records of recurrent occupational disease:

+ For workers treated as inpatients due to recurrent or progressing occupational disease: A copy of the discharge summary according to Form No. 5 attached to Circular No. 14/2016/TT-BYT or a summary of the medical record according to Form No. 6 attached to Circular No. 14/2016/TT-BYT;

+ For workers treated as outpatients due to recurrent or progressing occupational disease: A copy of the documents on examination and treatment of occupational disease, including: Medical record book, outpatient card, prescription or appointment for follow-up examination or a summary of the outpatient medical record;

- Copy of the medical examination report of the previous nearest examination.

đ) For comprehensive examination:

- Copy of the medical examination report of the previous nearest examination (for cases that have been examined);

- Other documents as guided in Points a, b, c, d of this Clause, appropriate to the subject and type of examination.

Article 13. Documents for handling work-related accident benefit regime

1. Social Insurance Book.

2. Request for handling work-related accident benefit regime by the head of the unit directly under the Ministry (Form No. 05-HBQP).

3. Accident investigation report (Form No. 10A-HBQP or Form No. 10B-HBQP).

4. Discharge summary or abstract of medical record after treatment of work-related accident for inpatient cases or a copy of the injury certificate issued by the healthcare facility (where the worker was rescued and treated) according to Form No. 4 attached to Circular No. 14/2016/TT-BYT.

5. Report on the degree of reduction in working capacity assessed by the Medical Examination Council at various levels in the Ministry of National Defense.

If, while performing duties, the injury is determined to be a work-related accident and simultaneously recognized as a war invalid or person enjoying preferential policies like a war invalid by the competent authority, then three copies of the disability assessment report (Form TB2 attached to Circular No. 202/2013/TT-BQP dated November 7, 2013 of the Ministry of National Defense guiding the procedures and formalities for recognition and implementation of preferential policies for persons with meritorious service to the revolution under the responsibility of the Ministry of National Defense) shall be established to handle the war invalid benefit regime.

6. If the accident is determined to be a work-related accident caused by traffic accident, then one of the following documents shall be added:

a) Traffic accident scene inspection report, traffic accident scene diagram;

b) Traffic accident report by the police or criminal investigation agency of the Ministry of National Defense.

7. Decision on monthly or lump-sum work-related accident allowance (Form No. 03A-HBQP or Form No. 03B-HBQP).

8. Contribution history (Form No. 04A-HBQP).

9. Payment adjustment form (Form No. 16A-HBQP), allowance adjustment form (Form No. 16B-HBQP) for monthly work-related accident allowance.

10. Payment form for lump-sum work-related accident allowance (Form No. 16E-HBQP) in case of lump-sum allowance.

11. Introduction letter for monthly work-related accident allowance for cases concurrently transferred to local authorities (Form No. 15B-HBQP).

Article 14. Documents for processing entitlement to occupational disease benefits

1. Social Insurance Book.

2. Request document for processing occupational disease benefit regime of the Head of subordinate units under the Ministry (Form No. 05A-HBQP).

3. Discharge certificate or summary of medical record after treatment for occupational disease; in cases where there is no inpatient treatment at healthcare facilities, a medical examination record for occupational disease must be provided.

4. Assessment report on the degree of reduction in work capacity by the Medical Appraisal Board for Occupational Diseases of the Ministry of National Defense; Medical Appraisal Board for Occupational Diseases of Hospital 175, Hospital 103. In cases of workers infected with HIV due to occupational accidents or risks, this shall be replaced by a certificate of HIV infection due to occupational accidents or risks according to the form prescribed in Decision No. 120/2008/QĐ-TTg dated August 29, 2008 of the Government Chairman regarding the conditions for determining persons exposed to HIV, infected with HIV due to occupational accidents or risks (hereinafter referred to as Decision No. 120/2008/QĐ-TTg).

5. Measurement records of environmental factors containing harmful elements or results of labor environment measurement within the specified period established by competent authorities; if the records or measurement results are determined for multiple individuals, each worker's file shall include a copy of the record or measurement result. For workers entitled to occupational disease benefits due to HIV infection from occupational accidents or risks, it shall be replaced by an occupational accident or risk record (copy) according to the form prescribed in Decision No. 120/2008/QĐ-TTg.

6. Decision on monthly or one-time occupational disease allowance (Form No. 03A-HBQP or Form No. 03B-HBQP).

7. Record of social insurance contributions (Form No. 04A-HBQP).

8. Payment claim form (Form No. 16A-HBQP), adjustment form (Form No. 16B-HBQP) for monthly occupational disease allowance.

9. Payment voucher for one-time occupational disease allowance (Form No. 16E-HBQP) in cases of one-time allowance.

10. Introduction letter for monthly occupational disease allowance payment for cases simultaneously transferred to localities (Form No. 15B-HBQP).

Article 15. Documents for processing entitlement to occupational injury and occupational disease recurrence benefits

1. Documents already received occupational injury or occupational disease allowances managed by personnel departments or workers.

2. Request document for processing occupational injury and occupational disease benefit regime of the Head of subordinate units under the Ministry (Form No. 05-HBQP).

3. Discharge certificate after stable treatment of old injuries or diseases that have recurred for those who were hospitalized. For those not hospitalized, it includes examination and treatment records for recurrent injuries or diseases, including: Medical notebook, outpatient medical record, prescription or appointment for follow-up examination or summary of outpatient treatment medical record.

4. Health monitoring book of the military health department managing the worker.

5. Assessment report on the degree of reduction in work capacity due to the recurrence of old injuries or diseases by the Medical Appraisal Boards at various levels in the Ministry of National Defense (original).

6. Decision on adjusting the level of monthly or one-time occupational injury and occupational disease allowance due to the recurrence of old injuries or diseases (Form No. 03C-HBQP or Form No. 03D-HBQP).

7. Record of social insurance contributions (Form No. 04A-HBQP).

8. Adjustment form for monthly occupational injury and occupational disease allowance due to the recurrence of old injuries or diseases (Form No. 16H-HBQP).

Article 16. Documents for processing entitlement to occupational injury and occupational disease benefits for workers whose work capacity reduction has been comprehensively assessed

1. Documents already received occupational injury or occupational disease allowances managed by personnel departments or workers, or occupational injury and occupational disease files of previous incidents but not yet appraised.

2. Request document for processing occupational injury and occupational disease benefit regime of the Head of subordinate units under the Ministry (Form No. 05-HBQP).

3. Health monitoring book of the military health department managing the worker.

4. Comprehensive assessment report on the degree of reduction in work capacity by the Medical Appraisal Boards at various levels in the Ministry of National Defense (original).

5. Decision on adjusting the level of monthly or one-time occupational injury and occupational disease allowance due to comprehensive assessment of work capacity reduction (Form No. 03Đ-HBQP or Form No. 03E-HBQP).

6. Adjustment form for monthly occupational injury and occupational disease allowance due to comprehensive assessment of work capacity reduction (Form No. 16Đ-HBQP).

Article 17. Documents for Processing the Grant of Funds to Purchase Daily Living Aids and Orthopedic Devices for Persons Suffering from Occupational Accidents and Occupational Diseases

1. The documents for occupational accident and occupational disease benefits managed by personnel agencies or employees.

2. The designation by orthopedic and rehabilitation facilities under the Ministry of Labor - Invalids and Social Affairs or provincial hospitals, military region hospitals, or corps-level hospitals appropriate to the condition of injury or illness due to occupational accidents and occupational diseases. In cases where artificial eyes are installed, there must be additional proof of installation (original copy).

3. Decision on the grant of funds to purchase daily living aids and orthopedic devices (Form No. 03G-HBQP).

4. Train tickets or bus tickets for travel (original tickets) in cases where train or bus fares are reimbursed.

Article 18. Procedures and Responsibilities for Introducing Occupational Accident and Occupational Disease Appraisals

1. For employees: Submit appraisal documents according to the guidelines in Clause 1 and Point a or Point b Clause 4 or treatment records for recurrent injuries as specified in Point c or occupational disease examination records and treatment records for recurrent occupational diseases as specified in Point d or Point đ Clause 4 Article 12 of this Circular to the personnel agency at the regiment level and equivalent.

2. Personnel agency at the regiment level and equivalent: Receive, check, review, and complete medical appraisal documents according to regulations and transfer the documents to higher-level personnel agencies to directly introduce employees for appraisal according to regulations or transfer to the Social Insurance Department of the Ministry of National Defense for introduction to appraisal.

3. Authority to introduce appraisals

a) Personnel agencies under the Ministry of National Defense introduce to the Medical Appraisal Council below the Medical Appraisal Council of the Ministry of National Defense for employees with the rank of Major or equivalent salary grade of Major or lower when suffering from their first occupational accident;

b) The Social Insurance Department of the Ministry of National Defense reviews the documents before introducing them to the Medical Appraisal Council of the Ministry of National Defense for employees with the rank of Lieutenant Colonel or equivalent salary grade of Lieutenant Colonel or higher who suffer from their first occupational accident; introduces appraisals for employees with occupational diseases and cases requiring re-appraisal, occupational accident and occupational disease appraisal due to recurrent injuries, comprehensive occupational accident and occupational disease appraisal.

Article 19. Procedures and Responsibilities for Processing Occupational Accident and Occupational Disease Benefits

1. For Employees

a) Employees suffering from their first occupational accident or occupational disease or undergoing comprehensive appraisal

Submit documents according to the guidelines in Clause 1, 4, and 6 Article 13 for occupational accident benefits or documents according to the guidelines in Clause 1 and 3 Article 14 of this Circular for occupational disease benefits to the personnel agency at the regiment level and equivalent;

If the employee suffers from their first occupational accident or occupational disease or undergoes comprehensive appraisal and receives the appraisal result from the Medical Appraisal Council, they must also submit the appraisal record of the degree of reduced work capacity; if eligible for the grant of funds to purchase daily living aids and orthopedic devices, they must also submit documents according to the guidelines in Clause 2 and 4 Article 17 of this Circular.

b) Employees suffering from recurrent injuries or illnesses due to occupational accidents or occupational diseases

Submit documents according to the guidelines in Clauses 3 and 4 Article 15 to the personnel agency at the regiment level and equivalent where they are managed; if eligible for the grant of funds to purchase daily living aids and orthopedic devices, they must also submit documents according to the guidelines in Clause 2 and 4 Article 17 of this Circular.

2. For employers

a) Personnel Department at the Brigade Level or Equivalent

- Guide employees to submit documents; receive, check, and verify personal information between social insurance participation documents and birth certificates, identity cards (citizen identification cards), household registration books... of employees to ensure consistency before preparing documents to send to higher-level personnel agencies;

- Supplement the full social insurance payment history of employees in the social insurance book up to the month immediately preceding the occupational accident or occupational disease or up to the month immediately preceding the conclusion of the Medical Appraisal Council (in cases where the employee does not take leave for treatment or the discharge date cannot be determined);

- Take the lead in coordinating with relevant agencies to complete documents according to regulations and send them to higher-level personnel agencies, accompanied by all data in electronic file format (data files) on CDs;

- Retrieve documents that have been processed by higher-level personnel agencies and hand them over to employees.

b) Higher-level personnel agencies at the regiment level and equivalent

Receive documents for processing occupational accident and occupational disease benefits transferred from lower-level personnel agencies, check, verify, and complete documents according to the guidelines in Articles 13, 14, 15, 16, and 17 of this Circular, send them to the personnel agency under the Ministry, and consolidate and send the documents of each employee to the Social Insurance Department of the Ministry of National Defense along with all data in electronic file format (data files) on CDs; retrieve documents that have been processed by the Social Insurance Department of the Ministry of National Defense and hand them over to subordinate units to give to employees.

c) Financial agencies at the regiment level and equivalent

- Receive documents for occupational accident and occupational disease benefits that have been processed by the Social Insurance Department of the Ministry of National Defense transferred by personnel agencies or employees; check and prepare a complete list of timely payments;

- Quarterly and annually, compile and prepare reports for settlement (along with other social insurance benefit payments) and send them to higher-level financial agencies up to the financial agency under the Ministry of National Defense.

- Store documents and vouchers as prescribed.

Article 20. Time for resolving work injury and occupational disease benefits

1. Within no more than 90 days from the date when the employee has completed stable treatment and been discharged from the hospital, the personnel department shall complete the file and introduce the employee for assessment of the degree of reduced working capacity (including the time for transferring the file).

2. Upon receiving the results of the assessment of the degree of reduced working capacity, within 15 days for regiment level and equivalent, 10 days for division level and equivalent, and 05 days for units under the Ministry, the relevant authority shall complete the review and verification of the file and send it to the Social Insurance Department of the Ministry of National Defense.

3. Within 15 working days from the date of receipt of a valid file, the Social Insurance Department of the Ministry of National Defense shall complete the verification and issue a decision on the benefit entitlement for the employee.

4. In cases where the employee or the employer submits an incomplete file, the receiving agency must notify the employee or the employer in writing and specify the reasons.

Article 21. Files and time for resolving allowances for recuperation and health recovery after illness, maternity, work injury, and occupational disease

1. The file for resolving allowances for recuperation and health recovery after illness, maternity, work injury, and occupational disease is a list (Form C70a-HD), established by the personnel department.

2. The time for resolving allowances for recuperation and health recovery after illness, maternity, work injury, and occupational disease shall be carried out as follows:

a) Within 10 days from the date when the employee meets the conditions for receiving allowances for recuperation and health recovery, the personnel department shall lead and coordinate with related agencies (Military Health; Finance; Trade Union, if applicable) to complete the list according to the guidance in Clause 1 of this Article and organize the payment of allowances to the employee;

b) If the allowance is not granted, a written response must be provided specifying the reasons.

Section 4. RETIREMENT BENEFITS

Article 22. Files for resolving monthly pension

1. Social Insurance Book.

2. Decision to stop work to enjoy social insurance benefits issued by the competent authority of the unit (Form issued by the Ministry of National Defense). For voluntary social insurance participants, the decision to stop work is replaced by a request for retirement benefits (Form 14-HBQP).

3. Medical assessment report on the degree of reduced working capacity by medical assessment boards at various levels in the Ministry of National Defense (original) for those retiring due to reduced working capacity; certificate of HIV/AIDS infection caused by occupational accidents issued by the competent authority for those retiring due to HIV/AIDS infection caused by occupational accidents; confirmation of severe disability (equivalent to a reduction in working capacity of 61% to 80%) or confirmation of extremely severe disability (equivalent to a reduction in working capacity of 81% or more) according to Circular Joint No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDĐT dated December 28, 2012 of the Ministry of Labor, Invalids and Social Affairs, Ministry of Health, Ministry of Finance, and Ministry of Education and Training on the determination of the degree of disability by the disability degree determination board (hereinafter referred to as Circular Joint No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDĐT).

4. Social Insurance contribution history (Form 04A-HBQP).

5. Decision on monthly pension benefits (Forms 07A-HBQP to 07C-HBQP).

6. Letter of introduction for monthly pension payment (Form 15C-HBQP).

7. Registration form for monthly pension and initial healthcare facility for medical treatment (Form 13A-HBQP) confirmed by the head of the agency or unit.

8. Explanation letter from the head of the unit under the Ministry in cases where the file is submitted late after the employee starts receiving the pension. The content of the explanation letter must clearly state the reason for the delay and the current status of the employee, including their residence during the period from the start of the pension to the submission of the file, and a commitment to bear legal responsibility for the content of the explanation.

9. In addition to the above files, for the following cases, additional documents are required:

a) In cases where the employee is accepted back after serving a prison sentence: Certificate of completion of imprisonment (copy) or special pardon release or decision of the competent authority regarding exemption or temporary suspension of imprisonment for those who began serving imprisonment from January 1, 1995 to December 31, 2015; decision on acceptance and salary grade by the competent authority; request for retirement benefits (Form 14-HBQP);

b) In cases where the employee was sentenced to imprisonment from January 1, 2016 onwards and meets the retirement conditions while serving the sentence: Power of attorney for pension application and receipt procedures (Form 13B-HBQP), request for retirement benefits (Form 14-HBQP);

c) In cases where the employee lacks up to six months of social insurance contributions: Request for one-time social insurance payment to enjoy retirement benefits (Form 14-HBQP), confirmed by the head of the agency or unit and payment receipt for one-time social insurance payment;

d) In cases where the employee's pension benefit amount needs adjustment: Decision on adjustment of social insurance benefits (Form 06A-HBQP);

đ) In cases where the employee worked in areas with regional allowances before January 2007: Personal declaration on the time and area of service in the military with regional allowances (Form 04B-HBKV);

e) In cases of illegal exit: Document from the competent state authority regarding legal return and settlement in the country;

g) In cases of missing persons returning: Court decision with legal effect to revoke the declaration of disappearance for returned missing persons.

10. Payment voucher for one-time social insurance allowance (Form 16E-HBQP) in cases where the employee receives a one-time regional allowance or one-time allowance upon retirement.

Article 23. Documents for processing one-time social insurance benefits for military personnel

1. Social Insurance Book.

2. Decision on discharge, retirement, or termination of employment by the competent authority head of the unit (Form issued by the Ministry of National Defense).

3. Application for one-time social insurance benefit (Form No. 14-HBQP).

4. Summary of medical records from authorized healthcare facilities or copies of medical records for cases meeting retirement conditions but currently suffering from life-threatening diseases (such as cancer, paralysis, cirrhosis, leprosy, severe tuberculosis, HIV/AIDS, and other diseases with a labor capacity reduction of 81% or more and no possibility of recovery), who wish to receive one-time social insurance benefits.

5. Social insurance payment history record (Form No. 04A-HBQP).

6. Decision on one-time social insurance benefit (Form No. 07D-HBQP).

7. For workers before January 2007 in areas with regional allowances, attach individual declaration regarding time and area of service in the military with regional allowances (Form No. 04B-HBKV).

8. In cases where workers emigrate abroad, additional documents include:

a) Copy of confirmation by the authorized agency regarding renunciation of Vietnamese citizenship;

b) Vietnamese translation certified or notarized of one of the following documents:

- Passport issued by a foreign country;

- Visa issued by a foreign authorized agency confirming permission to enter the country for permanent settlement;

- Confirmation document regarding application for foreign citizenship; residence permit or residency card valid for at least five years issued by a foreign authorized agency.

9. Payment voucher for one-time social insurance benefit (Form No. 16E-HBQP).

Article 24. Documents for processing one-time social insurance benefits for non-commissioned officers and soldiers

1. Decision on discharge for non-commissioned officers and soldiers by the competent authority head of the unit (Form issued by the Ministry of National Defense).

2. List of applications for one-time discharge allowance from the social insurance fund (Form No. 11A-HBQP).

3. Decision on one-time social insurance benefit by the head of the subordinate unit under the Ministry (Form No. 07D-HBQP).

4. List of one-time discharge allowance from the social insurance fund (Form No. 11B-HBQP).

Article 25. Documents for processing one-time social insurance benefits for defense workers and contractual employees

1. Documents according to Clause 1, 3, 4, 5, 6, 7, 8, 9 of Article 23 of this Circular.

2. Decision on termination of employment by the competent authority head of the unit (Form issued by the Ministry of National Defense). For those participating in voluntary social insurance, substitute with the application for one-time social insurance benefit (Form No. 14-HBQP).

3. Medical assessment report on labor capacity reduction by the Medical Assessment Councils at various levels within the Ministry of National Defense for cases with reduced labor capacity.

Article 26. Documents for processing retention of social insurance contribution period

1. For workers currently contributing to social insurance

a) Social Insurance Booklet;

b) Decision on discharge, retirement, or termination of employment by the competent authority head of the unit or termination of labor contract, expired labor contract. For voluntary social insurance participants, substitute with the application for retention of social insurance contribution period (Form No. 14-HBQP).

For discharged non-commissioned officers and soldiers without the intention to receive one-time social insurance benefits, submit the application for retention of social insurance contribution period (Form No. 14-HBQP).

2. For cases discharged or retired to their home province within twelve months and have received one-time social insurance benefits, if they wish to retain the social insurance contribution period

a) Social Insurance Booklet processed for one-time social insurance benefits;

b) Application for retention of social insurance contribution period (Form No. 14-HBQP);

c) Request letter from the competent authority head of the unit (before discharge or retirement);

d) Documents for one-time social insurance benefits processed by the Social Insurance Department of the Ministry of National Defense;

đ) Receipt for discharge or retirement allowance issued by units at regiment level or higher and submitted to the dedicated account for social insurance contributions of the Social Insurance Department of the Ministry of National Defense.

3. For individuals sentenced to imprisonment and transferred to their home province upon release

a) Social Insurance Booklet;

b) Certificate of completion of prison sentence (copy);

c) Request letter from the competent authority head of the unit managing the worker before imprisonment;

d) Personal file (original) and related documents concerning time and salary for social insurance contributions (in cases where the Social Insurance Booklet has not been issued).

Article 27. Documents for Resolving the Cancellation of Social Insurance Benefit Decisions

1. Application for cancellation of social insurance benefit decision (in cases where the employee requests; Form No. 14-HBQP).

2. Request letter from the head of the unit under the Ministry.

3. Decision on the cancellation of the retirement benefit decision (retirement pension, discharge, demobilization, resignation) of the authorized authority head.

4. Social insurance benefit documents that have been processed by the Ministry of National Defense Social Insurance but not yet transferred to local social insurance offices.

5. Decision on the cancellation of the social insurance benefit decision of the Director of the Ministry of National Defense Social Insurance (Form No. 06B-HBQP).

6. Payment voucher for discharge, demobilization, and resignation allowances (if any) established by units at regiment level and above and submitted to the dedicated account of the Ministry of National Defense Social Insurance.

Article 28. Procedures and Responsibilities for Resolving Benefit Regimes

1. Employees

a) Employees contributing mandatory social insurance

- Submit documents according to the guidance in Clause 7 or Points b, c, đ, e, g Clause 9 Article 22 or Clauses 3, 4, 7, 8 Article 23 or Points a, b, d Clause 2 or Points b, d Clause 3 Article 26 or Clauses 1, 4 Article 27 of this Circular to the personnel agency at regiment level and equivalent.

- Provide employers with information about the address for receiving retirement pensions: house number, alley (lane, alley), street, group (village, hamlet, commune), ward (township, town), district (city, province, district), province, city; initial health insurance examination and treatment location; personal bank account information when requesting retirement pension through a bank card: account holder name, account number, bank name, bank branch name; or authorize someone else to handle the procedures for receiving social insurance benefits (Form No. 13A-HBQP or Form No. 13B-HBQP);

- In cases where employees receive retirement pensions due to reduced work capacity or HIV/AIDS caused by occupational accidents: submit the documents specified in Clause 3 Article 22 of this Circular to the employer.

b) Voluntary social insurance participants, directly or via postal service, submit documents according to the guidance in Clauses 2, 3 Article 22 of this Circular to the Ministry of National Defense Social Insurance for processing retirement pensions.

c) Individuals who begin serving prison sentences from January 1, 2016 onwards and meet the conditions for receiving retirement pensions or monthly social insurance allowances, the authorized person must submit documents according to the guidance in Point b Clause 9 Article 22 of this Circular to the personnel agency at regiment level and equivalent before imprisonment.

2. Employers belonging to agencies, units, enterprises

a) Personnel Department at the Brigade Level or Equivalent

- Guide employees or their relatives to submit documents according to this Circular; check and verify the personal factors of employees to ensure the consistency of the documents before submitting them to higher-level personnel agencies;

- Fully update the social insurance contribution history of employees in the social insurance book according to regulations; take the lead in coordinating with relevant authorities to complete the documents sent to higher-level personnel agencies, accompanied by all data in electronic file format (data file) on CD;

- Retrieve the documents already processed by higher-level personnel agencies, hand them over to employees or their relatives;

- For cases requesting the cancellation of social insurance benefit decisions, collect all documents as specified in Clauses 1, 3, 4, 6 Article 27 of this Circular, and submit them to higher-level personnel agencies.

b) Higher-level personnel agencies at the regiment level and equivalent

Receive documents for resolving social insurance benefit regimes transferred from lower-level personnel agencies, check, verify, and complete the documents within the scope of responsibility according to the guidance sent to subordinate personnel agencies under the Ministry, compile and send the individual employee's documents to the Ministry of National Defense Social Insurance along with all data in electronic file format (data file) on CD; retrieve the documents processed by the Ministry of National Defense Social Insurance, transfer them to subordinate units to hand over to employees or their relatives.

c) Financial agencies at the regiment level and equivalent

- Receive social insurance benefit documents (retirement, discharge, demobilization, resignation) that have been processed by the Ministry of National Defense Social Insurance transferred from personnel agencies or employees; check, prepare a complete payment list promptly.

- Quarterly and annually, compile and prepare reports for settlement (along with other social insurance benefit payments) and send them to higher-level financial agencies up to the financial agency under the Ministry of National Defense.

- Store documents and vouchers as prescribed.

Article 29. Time for Processing Benefits

1. Within ten days for the regiment level and equivalent, ten days for the division level and equivalent, and ten days for units directly under the Ministry, from the date of receiving valid application files for monthly pension benefits, personnel offices shall complete the files and send them to the Social Insurance of the Ministry of National Defense.

2. Within twenty days from the date of receiving valid application files, the Social Insurance of the Ministry of National Defense shall complete the issuance of decisions on monthly pension benefits for workers.

3. The time for delivering retirement application files to workers before the date they receive their pensions must be at least fifteen days (units must complete the files and send them to the Social Insurance of the Ministry of National Defense at least sixty days before the workers receive their pensions).

4. Within five days for the regiment level and equivalent, five days for the division level and equivalent, and five days for units directly under the Ministry, from the date of receiving valid application files for one-time social insurance benefits, personnel offices shall complete the files and send them to the Social Insurance of the Ministry of National Defense.

5. Within ten days from the date of receiving valid application files, the Social Insurance of the Ministry of National Defense shall complete the issuance of decisions on one-time assistance benefits for workers.

6. The time for delivering decisions on one-time social insurance assistance benefits to workers before the date they are discharged, demobilized, or resign must be at least five days (units must complete the files and send them to the Social Insurance of the Ministry of National Defense at least thirty days before the workers are discharged, demobilized, or resign).

7. For non-commissioned officers and soldiers: After fifteen days from the date the head of the unit directly under the Ministry of National Defense signs the discharge decision, personnel offices of units directly under the Ministry of National Defense shall compile the files according to regulations and send them to the Social Insurance of the Ministry of National Defense for the purpose of finalizing settlement and providing funds for social insurance payments to the unit.

8. In cases where workers or employers submit incomplete application files, the agency receiving the files must notify the workers or employers in writing and specify the reasons.

Section 5. DEATH BENEFITS

Article 30. Application Files for Processing Monthly Death Benefits

1. Social Insurance Book.

2. A copy of the death notice (for military personnel, defense workers, and civil servants), or a death certificate or extract from the death registration (for contractual workers), or a copy of the court decision declaring death (for missing persons).

3. A declaration form of the dependents (Form No. 09A-HBQP), with certified signature or thumbprint of the declarant.

4. A confirmation letter from the local authority where the legal caregiver resides (in cases where the dependent is not the spouse, child, biological parent, or in-law parent who the deceased was responsible for supporting during life).

5. Social insurance payment history record (Form No. 04A-HBQP).

6. Decision on funeral allowance (Form No. 08A-HBQP).

7. Decision on monthly survivor's benefit (Form No. 08B-HBQP).

8. Letter introducing monthly survivor's benefit payment (Form No. 15D-HBQP).

9. In addition to the above files, for the following cases, additional documents are required:

a) In case of death due to work-related accident or occupational disease: Accident investigation report (in case of traffic accidents determined as work-related accidents, there will also be an additional scene examination report; diagram of the traffic accident scene; traffic accident report of the police or criminal investigation department of the Ministry of National Defense) or a copy of the medical record for occupational disease treatment;

b) In case the dependent has reduced working capacity: Medical assessment report on the degree of reduced working capacity confirmed by the Medical Appraisal Board (original) or disability confirmation letter for severe disability (equivalent to a reduction in working capacity of 81% or more) as stipulated in Circular Joint No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDĐT;

c) In case the worker lacks up to six months of maximum social insurance contributions and the dependent wishes to continue contributing for the remaining months: Application for one-time social insurance contribution for the remaining months to receive monthly survivor's benefit (Form No. 14-HBQP), with confirmation from the head of the agency or unit and receipt for one-time social insurance contribution payment.

Article 31. Documents for Processing One-time Bereavement Allowance

1. Documents according to the guidance provided in Clauses 1, 2, 3 and Point a Clause 9 Article 30 of this Circular.

2. The process record of social insurance contributions (Form No. 04A-HBQP).

3. Decision on receiving one-time bereavement allowance (Form No. 08C-HBQP).

4. Minutes of meeting among beneficiaries in cases where they meet the conditions for monthly bereavement allowance but choose to receive one-time bereavement allowance (Form No. 09C-HBQP, original); in cases where there is only one beneficiary eligible for monthly bereavement allowance or multiple beneficiaries eligible for monthly bereavement allowance but only one legal representative chooses to receive one-time bereavement allowance, the beneficiary choosing one-time bereavement allowance or the legal representative of the beneficiary shall be responsible for the choice and do not need this minutes.

5. Payment voucher for social insurance allowance (Form No. 16G-HBQP).

Article 32. Procedure and Responsibility for Processing Bereavement Allowance

1. Beneficiaries of workers

a) Submit documents according to the guidance provided in Clause 3, 4 and Points b, c Clause 9 Article 30 of this Circular (for cases of death due to occupational disease, submit the first treatment medical records for occupational disease according to Point a Clause 9 Article 30 of this Circular); in cases where beneficiaries meet the conditions for monthly bereavement allowance but choose to receive one-time bereavement allowance, they must additionally submit documents according to Clause 4 Article 31 of this Circular to the personnel department at the brigade level or equivalent where the worker worked before death;

b) Workers, beneficiaries of workers, or guardians of workers, beneficiaries of workers may directly or through others submit the application documents for processing social insurance benefits, but must personally receive the results of the processing and the social insurance benefits; if unable to receive directly, they must provide a power of attorney (Form No. 13B-HBQP, original) or a power of attorney contract according to the law for their legal representative to receive the results of the social insurance processing.

2. Employers have the responsibility to implement as guided in Clause 2 Article 28 of this Circular.

Article 33. Timeframe for Processing Bereavement Allowance

1. In cases where the beneficiaries of workers reside in the same province: Within a period not exceeding 45 days from the date of the worker's death (30 days for the brigade level and equivalent, 10 days for the division level and equivalent, 05 days for units under the Ministry), the personnel department completes the documents for monthly bereavement allowance and sends them to the Social Insurance of the Ministry of Defense (in cases where beneficiaries of workers reside in different provinces and receive monthly bereavement allowance, the total time is not more than 90 days, including 75 days for the brigade level and equivalent).

2. In cases where the husband dies while the wife is pregnant, the documents are established immediately after the wife gives birth; the time for the newborn child to receive monthly bereavement allowance starts from the month of birth.

3. Within a period not exceeding 45 days from the date of the worker's death (30 days for the brigade level and equivalent, 10 days for the division level and equivalent, 05 days for units under the Ministry), the personnel department completes the documents for one-time bereavement allowance and sends them to the Social Insurance of the Ministry of Defense.

4. Within 15 days from the date of receipt of valid documents, the Social Insurance of the Ministry of Defense completes the decision on the bereavement allowance for the beneficiaries of workers; in cases where it does not resolve, it must respond in writing and specify the reasons.

5. In cases where the beneficiaries of workers or employers submit incomplete documents, the agency receiving the documents must notify the beneficiaries of workers or employers in writing and specify the reasons.

Chapter III

IMPLEMENTATION

Article 34. Management and storage of files for sickness benefit, maternity benefit, health recovery leave, work injury, occupational disease, retirement, and survivor benefits

Clause 1. Files for sickness benefit, maternity benefit, and health recovery leave shall be established in one copy and stored at the place directly paying the benefits to employees.

Clause 2. Files for work injury and occupational disease benefits

Point a) Files for monthly work injury and occupational disease allowances shall be established in five copies (Vietnam Social Security: one copy; Vietnam Social Security under the Ministry of National Defense: one copy; personnel department of subordinate units under the Ministry: one copy; finance department of the unit: one copy; employee: one copy). The adjustment form and the allowance repayment form for monthly work injury and occupational disease allowances (established in one copy) shall be kept at the financial office of the battalion level and equivalent where the direct payment is made; the adjustment form shall be sent together with the introduction letter for monthly allowance payment to the local authority;

Point b) Files for one-time work injury and occupational disease allowances shall be established in three copies (Vietnam Social Security under the Ministry of National Defense: one copy; personnel department of subordinate units under the Ministry: one copy; employee: one copy); the payment voucher for one-time work injury allowance (one copy) shall be kept at the financial office where the direct payment is made to the employee.

Clause 3. Files for retirement benefits

Point a) Files for monthly retirement benefits shall be established in five copies (Vietnam Social Security: one copy; Vietnam Social Security of the province or city where the employee receives pension: one copy; Vietnam Social Security under the Ministry of National Defense: one copy; personnel department of subordinate units under the Ministry: one copy; employee: one copy). The introduction letter for pension payment (established in one copy) and the payment voucher for monthly social security allowance (one copy) shall be kept at the financial office where the direct payment is made to the employee;

Point b) Files for one-time social security allowance shall be established in three copies (Vietnam Social Security under the Ministry of National Defense: one copy; personnel department of subordinate units under the Ministry: one copy; employee: one copy); the payment voucher for one-time social security allowance shall be kept at the financial office directly paying the allowance to the employee.

Clause 4. Files for survivor benefits

Point a) Files for monthly survivor benefits shall be established in five copies (Vietnam Social Security: one copy; Vietnam Social Security of the province or city where the dependents receive the allowance: one copy; Vietnam Social Security under the Ministry of National Defense: one copy; personnel department of subordinate units under the Ministry: one copy; dependent: one copy). In cases where dependents reside in different places, each place shall have one additional copy; one decision on funeral allowance payment shall be kept at the financial office directly paying the allowance to the dependent;

Point b) Files for one-time survivor benefits shall be established in three copies (Vietnam Social Security under the Ministry of National Defense: one copy; personnel department of subordinate units under the Ministry: one copy; dependent: one copy). The payment voucher for one-time social security allowance (one copy) shall be kept at the financial office directly paying the allowance to the dependent of the employee.

Article 35. Transfer of files for retirement benefits, monthly work injury and occupational disease allowances, and monthly survivor benefits

Clause 1. Files for retirement benefits and monthly survivor benefits

Point a) When receiving files that have been processed by Vietnam Social Security under the Ministry of National Defense, the personnel department at the battalion level and equivalent (the place directly managing the employee) shall be responsible for sealing one copy of the file along with the introduction letter to hand over to the employee or the dependent directly transferring to Vietnam Social Security of the province or city where they reside to complete the procedures for receiving the pension or survivor benefits;

Point b) In cases where the employee or the dependent has been notified but firmly refuses to accept the file, after thirty working days from the date the personnel department receives the file from the superior agency, the commander of the unit directly managing the employee shall establish a record, report to the competent authority, seal one copy of the file, attach the introduction letter to transfer to Vietnam Social Security of the province or city where the employee or the dependent resides for acceptance, payment, and management according to the laws on social security; seal one copy of the file of the employee who does not come to receive it at the personnel department, and send a written document to Vietnam Social Security under the Ministry of National Defense for coordination, monitoring, and guidance. Any issues arising, the employee or the dependent must bear full responsibility according to the law.

Clause 2. Files for monthly work injury and occupational disease allowances

When an employee receiving monthly work injury and occupational disease allowances at the unit retires, is discharged, leaves service, or suspends social security contributions, the unit directly paying the allowance shall be responsible for completing one copy of the file and sending it together with the retirement, discharge, leave, or suspension of social security contribution files to Vietnam Social Security under the Ministry of National Defense for referral to Vietnam Social Security of the province or city for acceptance, payment, and management. If the file does not meet the required regulations, the unit shall stop paying the allowance and prepare a written report to Vietnam Social Security under the Ministry of National Defense for consideration and resolution.

Clause 3. For files inconsistent regarding surname, given name, middle name, date of birth among documents within the same file, between the social security benefit file and the birth certificate, ID card, or household registration book, the head of the subordinate unit under the Ministry shall prepare an explanatory document to be sent together with the transferred file for Vietnam Social Security under the Ministry of National Defense to confirm and include in the transferred file.

Article 36. Responsibilities of agencies, units, and enterprises under the Ministry of National Defense

Organize the implementation and supervision of the establishment of files and the resolution of social insurance benefits for employees and their dependents within their jurisdiction in accordance with the guidelines set forth in this Circular and the laws on social insurance.

Article 37. Responsibilities of functional agencies of the Ministry of National Defense

1. Policy Department / Political General Department

Take the lead and coordinate with other functional agencies and units to direct, guide, supervise, and inspect the establishment of files and the resolution of social insurance benefits for employees and their dependents in accordance with the guidelines set forth in this Circular and the laws on social insurance; at the same time, take the lead in coordinating to resolve any difficulties and issues arising during the implementation process, as well as when there are changes to the files for social insurance benefits.

2. The Personnel Department of the General Political Department; The Military Service Department of the General Staff Department

Direct personnel and military service departments of units to fully fulfill their responsibilities in establishing files and resolving social insurance benefits for employees and their dependents, ensuring strictness, accuracy, compliance with procedures and timelines, and regulations stipulated in this Circular and the laws on social insurance; coordinate to resolve any difficulties and issues arising during the implementation process.

3. The Finance Department/Military Ministry

Direct, guide, and inspect the payment of social insurance benefits for employees and their dependents, and coordinate to resolve any difficulties and issues arising during the implementation process in accordance with the guidelines set forth in this Circular.

4. The Medical Service Department of the Ministry of National Defense

a) Direct, guide, and inspect medical facilities under the Ministry of National Defense to issue discharge certificates (for inpatient treatment at hospitals and dispensaries) in accordance with current regulations; issue certificates of sick leave for social insurance benefits (for outpatient treatment) in accordance with the regulations on military medical referral; direct medical examination boards at all levels in the Ministry of National Defense to perform their functions and authorities accurately as prescribed in medical examinations to ensure the implementation of social insurance benefits for employees strictly and accurately;

b) Direct medical service departments at all levels to cooperate with relevant functional agencies at the same level to complete files for employees to undergo labor capacity assessment for social insurance benefits; compile and confirm the number of people and days of rest and recovery for health restoration, transferring the files to relevant agencies and proposing implementation according to regulations.

5. Social Insurance of the Ministry of National Defense

a) Coordinate with relevant agencies to direct, guide, supervise, and inspect the establishment of files and the resolution of social insurance benefits for employees and their dependents in accordance with the guidelines set forth in this Circular and the laws on social insurance; at the same time, coordinate to resolve any difficulties and issues arising during the implementation process;

b) Establish a quality management system in accordance with TCVN ISO 9001:2008 for the management of social insurance and health insurance revenue and expenditure, and the resolution of social insurance and health insurance benefits to ensure quality and effectiveness;

c) Develop software programs for reviewing social insurance benefits, transfer them to agencies, units, and enterprises for implementation; develop data extraction software in accordance with regulations of the Vietnam Social Security;

d) Receive files, review, issue decisions on benefit entitlements, and confirm on social insurance books the social insurance benefits already received by employees and their dependents, ensuring strictness, compliance with procedures and timelines; promptly transfer files and ensure sufficient funds for the payment of social insurance benefits to agencies, units, and enterprises under the Ministry of National Defense;

In cases where a decision on benefit entitlements is requested to be canceled, after receiving the complete file as stipulated in Article 27 of this Circular from the human resources department, issue a decision to cancel the benefit entitlement decision; simultaneously notify the individual or unit concerned; store the file of the canceled social insurance benefit decision in accordance with regulations.

d) On the 10th and 25th of each month, prepare lists of monthly retirement, work injury, sickness, and death benefits, notify the provincial or municipal social security office where the employee or dependent resides, and send the list along with one set of files of each person who has been resolved in the previous month to the archive center of the Vietnam Social Security;

e) Quarterly, receive, review, and confirm reports on the settlement of social insurance benefits; annually, conduct reviews and summaries of financial operations related to social insurance for agencies, units, and enterprises under the Ministry in accordance with regulations.

Article 38. Effective Date

1. This Circular takes effect from December 20, 2016; except for those working under fixed-term labor contracts of one month to less than three months, they will implement the guidelines set forth in this Circular from January 1, 2018.

2. When the referenced documents in this Circular are amended, supplemented, or replaced by other documents, the referenced content shall also be adjusted accordingly.

3. Circular No. 96/2014/TT-BQP dated July 7, 2014, of the Ministry of National Defense guiding the files, procedures, and responsibilities for resolving social insurance benefits in the military shall cease to be effective from the date this Circular takes effect.

4. For cases that have already been resolved for social insurance benefits before the date this Circular takes effect, the files, procedures, and responsibilities for resolution shall be implemented in accordance with the guidelines set forth in Circular No. 96/2014/TT-BQP dated July 7, 2014, of the Ministry of National Defense.

Article 39. Responsibility for Implementation

1. The Chief of General Staff, the Director of the Political General Department, commanders of agencies, units, enterprises, and related individuals and organizations shall be responsible for implementing this Circular.

2. In the process of organizing implementation, if there are any difficulties, agencies, units, and enterprises shall report to the Ministry of National Defense (through the Policy Department of the Political General Department) for coordination in examination and resolution./.