Decree No. 190/2007/ND-CP guiding certain provisions of the Social Insurance Law on voluntary social insurance

DECREE

Guidelines for Certain Provisions of the Social Insurance Law on Voluntary Social Insurance

_____________________

THE GOVERNMENT

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

Pursuant to the Social Insurance Law dated June 29, 2006;

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

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree guides certain provisions of the Social Insurance Law concerning the scope of application; rights and responsibilities of parties participating in voluntary social insurance; voluntary social insurance benefits; the Voluntary Social Insurance Fund; procedures for implementing voluntary social insurance; complaints and denunciations regarding voluntary social insurance and state management of voluntary social insurance.

Article 2. The person participating in voluntary social insurance as prescribed in this Decree is a Vietnamese citizen within the working age range, not subject to mandatory social insurance laws, including:

1. Workers under labor contracts with a term of less than three months.

2. Non-professional cadres at the commune level.

3. Persons engaged in production, business, service activities, including cooperative members who do not receive wages or salaries in cooperatives or cooperative unions.

4. Self-employed workers.

5. Workers employed abroad for a limited period who have not participated in mandatory social insurance or have received one-time social insurance benefits before.

6. Other participants.

The subjects specified in this Article shall be collectively referred to as voluntary social insurance participants.

Article 3. Voluntary Social Insurance Benefits

The voluntary social insurance benefits prescribed in this Decree include:

1. Retirement.

2. Survivorship.

Article 4. Principles of Voluntary Social Insurance according to Article 5 of the Social Insurance Law

1. Voluntary social insurance is implemented based on the voluntary participation of individuals. Participants in voluntary social insurance may choose contribution levels and methods that are appropriate to their income.

2. The contribution level for voluntary social insurance is calculated based on the monthly income for social insurance contributions, but the minimum is equal to the national minimum wage and the maximum is equal to twenty times the national minimum wage.

3. The benefit level for voluntary social insurance is calculated based on the contribution level, the duration of social insurance contributions, and involves sharing among voluntary social insurance participants.

4. A person who has both periods of mandatory social insurance and voluntary social insurance contributions will receive retirement and survivorship benefits based on the total time of mandatory and voluntary social insurance contributions.

5. The Voluntary Social Insurance Fund is managed uniformly, democratically, transparently, and independently; it is used for its intended purpose and is accounted for separately.

6. The implementation of voluntary social insurance must be simple, convenient, timely, and comprehensive.

Article 5. State Management Responsibilities for Voluntary Social Insurance according to Clause 2 of Article 8 of the Social Insurance Law

1. The Ministry of Labor, Invalids, and Social Affairs is responsible to the Government for managing voluntary social insurance, including:

a) Taking the lead and coordinating with ministries, agencies, organizations to research and develop regulations on voluntary social insurance to submit to competent authorities for issuance or issue within their authority;

b) Taking the lead and coordinating with ministries, sectors, and provincial people's committees to implement statistical work, information dissemination; popularize policies and laws on voluntary social insurance;;

c) Inspecting the implementation of laws on voluntary social insurance;

d) Implementing specialized inspection functions related to voluntary social insurance;

đ) Implementing international cooperation in the field of voluntary social insurance in accordance with the law;

e) Organizing training and education on voluntary social insurance.

2. Ministries, agencies equivalent to ministries, and government agenciescoordinate with the Ministry of Labor, Invalids, and Social Affairs in developing laws and policies related to voluntary social insurance.

3. Provincial People's Committees (hereinafter referred to as provincial people's committees) manage voluntary social insurance within their jurisdiction. Departments of Labor, Invalids, and Social Affairs are responsible for assisting provincial people's committees in performing state management functions related to voluntary social insurance, including:- FTTH terminal devices

a) Monitoring and implementing laws on voluntary social insurance;

b) Leading or coordinating with relevant agencies to inspect and audit the implementation of voluntary social insurance policies;

c) Advising provincial people's committees to resolve issues related to voluntary social insurance within their authority;

d) Annually submitting reports to the Ministry of Labor, Invalids, and Social Affairs on the implementation of laws on voluntary social insurance.

Article 6. Acts Prohibited According to Article 14 of the Social Insurance Law

1. Fraud and forgery in the implementation of voluntary social insurance, including:

a) Falsely declaring or altering, erasing information related to voluntary social insurance contributions and benefits;

b) Creating false documents to be included in the voluntary social insurance benefit file.

2. Misusing the Voluntary Social Insurance Fund for unauthorized purposes or policies.

3. Causing inconvenience, hindrance, or damage to the legitimate rights and interests of voluntary social insurance participants, including:

a) Creating difficulties, obstacles, or delays in the payment of voluntary social insurance benefits;

b) Failing to issue social insurance books to voluntary social insurance participants as required.

4. Reporting false information or providing inaccurate data about voluntary social insurance.

Article 7. Rights and Responsibilities of Voluntary Social Insurance Participants According to Articles 15 and 16 of the Social Insurance Law

1. Participants in voluntary social insurance have the following rights:

a) To receive a social insurance book;

b) To receive full, timely, and convenient retirement pensions or voluntary social insurance benefits as stipulated in this Decree;

c) To enjoy health insurance while receiving retirement pensions;

d) To request social insurance organizations to provide information on contributions, entitlements, and procedures for implementing social insurance;

đ) To lodge complaints or denunciations with state agencies or individuals with authority when their legitimate rights are violated or when organizations or individuals implementing voluntary social insurance violate laws on voluntary social insurance.

e) Authorize others to receive old-age pension and voluntary social insurance benefits.

2. Persons participating in voluntary social insurance shall have the following responsibilities:

a) Pay voluntary social insurance contributions in accordance with the payment methods and contribution rates specified in Article 26 of this Decree;

b) Comply with regulations on establishing voluntary social insurance files;

c) Safeguard the social insurance book in accordance with the prescribed regulations.

Article 8. Rights and responsibilities of social insurance organizations under Articles 19 and 20 of the Social Insurance Law

1. Social insurance organizations shall have the following rights:

a) Organize personnel management, finance, and asset management in accordance with the provisions of the law;;

b) Refuse requests for voluntary social insurance payments that do not comply with the provisions of the law;

c) Inspect voluntary social insurance contributions and pay voluntary social insurance benefits;

d) Propose to competent state agencies to establish, amend, and supplement policies, regulations, and laws regarding voluntary social insurance and manage the Voluntary Social Insurance Fund;

đ) Propose to competent state agencies to handle violations of laws related to voluntary social insurance;

e) Other rights as prescribed by law.

2. Social insurance organizations shall have the following responsibilities:

a) Promote and disseminate policies, regulations, and laws concerning voluntary social insurance; provide guidance on procedures and practices for implementing voluntary social insurance;

b) Collect voluntary social insurance contributions from persons participating in voluntary social insurance;

c) Issue social insurance books to persons participating in voluntary social insurance;4. Reserve officer trainees undergoing training for three months or more without participating in social insurance or health insurance; defense workers and civil servants serving in the military when seeking medical examination and treatment.

d) Accept applications, process voluntary social insurance benefits; pay pensions and social insurance benefits, and contribute to health insurance for pensioners in a timely, convenient, and accurate manner;

e) Manage and store records of persons participating in voluntary social insurance;

f) Manage and utilize the Voluntary Social Insurance Fund in accordance with financial, accounting, and statistical laws;

g) Implement measures to preserve and increase the Voluntary Social Insurance Fund;

h) Report periodically every six months to the Management Board on the implementation of voluntary social insurance. Annually, report to the Government, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance on the management and utilization of the voluntary social insurance fund;

i) Provide full and timely information about contributions, entitlements, and procedures for voluntary social insurance when participants request;

k) Organize statistical and accounting work on voluntary social insurance; provide relevant materials and information upon request of competent state agencies;

l) Promptly resolve complaints and reports regarding the implementation of voluntary social insurance;

m) Implement international cooperation in voluntary social insurance.

Chapter II

REGIME OF VOLUNTARY SOCIAL INSURANCE

Section 1

RETIREMENT BENEFITS

Article 9. Conditions for receiving old-age pension for persons participating in voluntary social insurance

1. Male aged 60 years, female aged 55 years, and having at least 20 years of social insurance contributions.

In cases where persons participating in voluntary social insurance previously had a total period of mandatory social insurance contributions of at least 20 years, including at least 15 years working in heavy, hazardous, or dangerous jobs, or at least 15 years working in areas with regional allowances of 0.7 or more, they shall be entitled to receive old-age pension as stipulated in Clause 2, Article 26 of Decree No. 152/2006/NĐ-CP dated December 22, 2006 or Clause 2, Article 29 of Decree No. 68/2007/NĐ-CP dated April 19, 2007. In cases where persons participating in voluntary social insurance previously had a total period of mandatory social insurance contributions of at least 20 years, and their ability to work has been reduced by 61% or more, they shall be entitled to receive old-age pension at a lower rate if they fallunder one of the circumstances specified in Article 27 of Decree No. 152/2006/NĐ-CP dated December 22, 2006 or Article 30 of Decree No. 68/2007/NĐ-CP dated April 19, 2007.

 2. Male aged 60 years, female aged 55 years but the time of social insurance contributions is still short by no more than five years compared to the time specified in Clause 1 of this Article, including those who have contributed at least 15 years of mandatory social insurance and have not yet received a lump-sum social insurance benefit and wish to participate in voluntary social insurance, may continue to contribute according to the provisions of Article 26 of this Decree until reaching 20 years. The monthly old-age pension amount under Clause 1, Article 71 of the Social Insurance Law 1. The monthly old-age pension amount for persons meeting the conditions for receiving old-age pension as stipulated in Article 9 of this Decree shall be calculated at 45% of the average monthly income contribution to social insurance as specified in Article 16 of this Decree or the average monthly salary, wage, and income contribution to social insurance as specified in Article 17 of this Decree corresponding to 15 years of social insurance contributions, thereafter adding 2% for males and 3% for females for each additional year of social insurance contributions; the maximum amount is 75%.

2. The monthly old-age pension amount for persons meeting the conditions for receiving old-age pension and whose work capacity has been reduced by 61% or more as stipulated in Clause 1 of Article 9 of this Decree shall decrease by 1% for each year retiring before the age specified.

Article 10. 3. When calculating the monthly old-age pension amount for persons with at least 20 years of mandatory social insurance contributions, if the monthly old-age pension amount is lower than the national minimum wage at the time of receiving the pension, it shall be adjusted to the national minimum wage.

4. When calculating the monthly old-age pension amount as stipulated in Clauses 1 and 2 of this Article and the one-time allowance upon retirement as stipulated in Article 11 of this Decree, if the period of social insurance contributions includes less than three months, it will not be counted; from three months to six months, it will be counted as half a year; from more than six months to twelve months, it will be counted as a full year.

One-time allowance upon retirement under Article 72 of the Social Insurance Law

1. Persons meeting the conditions for receiving old-age pension as stipulated in Article 9 of this Decree, if they have contributed to social insurance for more than 30 years for males and more than 25 years for females, then upon retirement, in addition to the old-age pension, they shall also be entitled to a one-time allowance.

4. When calculating the monthly pension stipulated in Clause 1 and Clause 2 of this Article and the one-time allowance upon retirement stipulated in Article 11 of this Decree, if the period of social insurance contributions includes less than three months, it shall not be counted; from three to six months inclusive, it shall be counted as half a year; from more than six months up to twelve months inclusive, it shall be counted as a full year.

Article 11. One-time allowance upon retirement under Article 72 of the Social Insurance Law

1. A person who meets the conditions for receiving a pension as provided in Article 9 of this Decree, if they have contributed to social insurance for over thirty years for males and over twenty-five years for females, shall, upon retirement, in addition to the pension, also receive a one-time allowance.

2. The one-time allowance shall be calculated based on the number of years of social insurance contributions from the 31st year onwards for males and the 26th year onwards for females, with each year of contribution being equivalent to 0.5 months of the average monthly income for social insurance contributions as stipulated in Article 16 of this Decree or the average monthly salary, wage, and income for social insurance contributions as stipulated in Article 17 of this Decree.

Article 12. The pension shall be adjusted based on the increase in the consumer price index and economic growth. The level of adjustment for each period shall be studied and submitted by the Ministry of Labor, Invalids, and Social Affairs, in coordination with the Ministry of Finance, for the Government's promulgation.

Article 13. One-time social insurance for individuals who do not meet the conditions for receiving a monthly pension under Article 73 of the Social Insurance Law.

Individuals participating in voluntary social insurance shall be entitled to one-time social insurance benefits if they fall into any of the following cases:

1. Males aged 60 and females aged 55 with less than 15 years of social insurance contributions.

2. Males aged 60 and females aged 55 with between 15 and less than 20 years of social insurance contributions and do not continue to make contributions.

3. Not having reached 20 years of social insurance contributions and do not continue to make contributions, and request to receive one-time social insurance benefits.

4. Leaving the country to settle abroad.

Article 14. The amount of one-time social insurance benefit according to Article 74 of the Social Insurance Law.

1. The amount of one-time social insurance benefit shall be calculated based on the number of years of social insurance contributions, with each year (full 12 months) being equivalent to 1.5 months of the average monthly income for social insurance contributions as stipulated in Article 16 of this Decree or the average monthly salary, wage, and income as stipulated in Article 17 of this Decree. The average monthly income for social insurance contributions is regulated in Article 16 of this Decree or the average monthly salary, wage, and income as stipulated in Article 17 of this Decree.

2. When calculating the one-time social insurance benefit as stipulated in Clause 1 of this Article, if there are fractional months in the period of social insurance contributions, it shall be calculated according to the provisions of Clause 4 of Article 10 of this Decree.

3. In the case where individuals participating in voluntary social insurance have not completed one year of social insurance contributions, the amount of one-time social insurance benefit shall be equal to the total amount paid; the maximum amount shall be 1.5 months of the average monthly income for social insurance contributions as stipulated in Article 16 of this Decree.

4. In the case where individuals have both mandatory and voluntary social insurance periods, the conditions for receiving one-time social insurance benefits shall be implemented according to the provisions of Point c, Clause 1 of Article 30 of Decree No. 152/2006/NĐ-CP dated December 22, 2006 of the Government.

Article 15. Preservation of social insurance contribution periods according to Article 75 of the Social Insurance Law.

Individuals participating in voluntary social insurance who stop making contributions without meeting the conditions for receiving a monthly pension as stipulated in Article 9 or have not received one-time social insurance benefits as stipulated in Articles 13 and 14 of this Decree shall be entitled to preserve their social insurance contribution periods.

Article 16. Average monthly income for voluntary social insurance contributions according to Article 76 of the Social Insurance Law.

The average monthly income for voluntary social insurance contributions shall be calculated according to the following formula:

 

 

Article 17. Average monthly salary, wage, and income for social insurance contributions according to Article 79 of the Social Insurance Law.

The average monthly salary, wage, and income for social insurance contributions shall be calculated according to the following formula:

 

 

Where:

Average monthly salary, wage for mandatory social insurance contributions is calculated according to the provisions of Article 31 of Decree No. 152/2006/NĐ-CP dated December 22 2006 of the Government guiding some articles of the Social Insurance Law on mandatory social insurance or Article 34 of Decree No. 68/2007/NĐ-CP dated April 19, 2007 detailing and guiding the implementation of some articles of the Social Insurance Law for military personnel, police officers, and civil servants enjoying salaries equivalent to those of military personnel and police officers. social insurance under compulsory social insurance or Article 34 of Decree No. 68/2007/NĐ-CP dated April 19, 2007 detailing and guiding the implementation of certain provisions of the Social Insurance Law for military personnel, police officers, and civil servants working in confidential services with salaries equivalent to those of military personnel and police officers.

Article 18. Monthly income for voluntary social insurance contributions to calculate the average monthly income for voluntary social insurance contributions as stipulated in Article 16 of this Decree and monthly salary, wage for social insurance contributions to calculate the average monthly salary, wage, and income for social insurance contributions as stipulated in Article 17 of this Decree, shall be adjusted based on the consumer price index of each period.

The level of adjustment for each period shall be studied and submitted by the Ministry of Labor, Invalids, and Social Affairs, in coordination with the Ministry of Finance, for the Government's promulgation.

Article 19. Individuals receiving a monthly pension shall be entitled to health insurance covered by the voluntary social insurance fund.

Article 20.

1. Individuals currently receiving a monthly pension shall have their pension temporarily suspended when they fall into any of the following cases:

a) Serving a prison sentence but not eligible for probation;

b) Illegally leaving the country;

c) Declared missing by the Court.

2. The monthly pension shall resume from the month immediately following the completion of the prison sentence or the return of the person declared missing or the return of the person who illegally left the country and settled legally abroad. In the case of individuals specified in Point a, Clause 1 of this Article, if the Court concludes that they were wrongfully convicted, they shall be entitled to recover the pension for the period during which it was suspended.

Section 2

FUNERAL BENEFITS REGIME

Article 21. Funeral allowance according to Article 77 of the Social Insurance Law.

1. The following persons, upon death, the person handling the funeral shall receive a funeral allowance equivalent to 10 months of the national minimum wage:

a) Individuals participating in voluntary social insurance as stipulated in Article 2 of this Decree with at least 5 years of voluntary social insurance contributions;

b) Individuals currently receiving a monthly pension.

2. In the case where the person specified in Clause 1 of this Article is declared dead by the Court, relatives shall receive a funeral allowance equivalent to 10 months of the national minimum wage..

Article 22. Relatives of individuals participating in voluntary social insurance who die shall receive a one-time survivor's benefit according to Clause 1 of Article 78 of the Social Insurance Law.

1. Individuals currently making voluntary social insurance contributions.

2. Individuals currently preserving their voluntary social insurance contribution periods.

3. Persons currently receiving pension benefits.

Article 23. The one-time funeral allowance under Clauses 2 and 3 of Article 78 of the Social Insurance Law.

1. The one-time funeral allowance for dependents of voluntary social insurance participants as stipulated in Clauses 1 and 2 of Article 22 of this Decree shall be calculated based on the number of years of social insurance contributions, with each year (full 12 months) being equivalent to 1.5 months of the average monthly income used for social insurance contributions as prescribed in Article 16 of this Decree.

2. When calculating the one-time funeral allowance as stipulated in Clause 1 of this Article, if there are fractional months in the period of voluntary social insurance contributions, it shall be calculated according to the provisions of Clause 4 of Article 10 of this Decree. In cases where the period of social insurance contributions is less than one year, it shall be calculated as prescribed in Clause 3 of Article 14 of this Decree.3. The name of Clause 3 of Article 22 is amended and supplemented as follows:

3. The one-time funeral allowance for dependents of persons currently receiving pension benefits as stipulated in Clause 3 of Article 22 of this Decree shall be calculated based on the time they have been receiving pensions, if they die within the first two months of receiving the pension, then the allowance shall be equal to 48 months of the current pension; if they die thereafter, for each additional month of pension received, the allowance shall decrease by 0.5 months of the pension.

Article 24. Calculation of the death benefit regime for persons who have both mandatory and voluntary social insurance contribution periods as provided for in Article 79 of the Social Insurance Law.

1. The person responsible for burial shall receive a funeral allowance equivalent to 10 months of the general minimum wage.

2. If a person has contributed to mandatory social insurance for at least 15 years and dies, then the dependents as specified in Clause 2 of Article 36 of Decree No. 152/2006/NĐ-CP dated December 22, 2006 shall be entitled to receive a monthly funeral allowance as prescribed in Article 37 of Decree No. 152/2006/NĐ-CP dated December 22, 2006 or the dependents as specified in Clause 2 of Article 37 of Decree No. 68/2007/NĐ-CP dated April 19, 2007 shall be entitled to receive a monthly funeral allowance as prescribed in Article 38 of Decree No. 68/2007/NĐ-CP dated April 19, 2007.

3. In cases where voluntary social insurance participants, who previously had less than 15 years of mandatory social insurance participation, die or their dependents as specified in Clause 2 of this Article do not meet the conditions for receiving a monthly funeral allowance, then the dependents shall be entitled to receive a one-time funeral allowance. The amount of the one-time funeral allowance shall be calculated as the lump-sum social insurance benefit as prescribed in Clauses 1 and 2 of Article 14 of this Decree; the lowest amount shall be 3 months of the average monthly salary, wages, and income as prescribed in Article 17 of this Decree.

 

 

For persons currently receiving pensions who die, the one-time funeral allowance shall be calculated according to the provisions of Clause 3 of Article 23 of this Decree; the lowest amount shall be 3 months of the current pension before death.

Chapter III

VOLUNTARY SOCIAL INSURANCE FUND

Article 25. Sources forming the Voluntary Social Insurance Fund as provided for in Article 98. Social Insurance Law

1. Persons participating in voluntary social insurance contribute according to the provisions of Article 26 of this Decree.

2. Money from the Mandatory Social Insurance Fund transferred to pay out benefits according to the regulations for individuals who have participated in mandatory social insurance.

3. Income from investment activities from the Voluntary Social Insurance Fund.

4. Support from the State.

5. Other lawful sources of revenue.

The State encourages organizations and individuals to support contributions for voluntary social insurance participants or to contribute to the source of the Voluntary Social Insurance Fund.

Article 26. Methods and rates of contributions for voluntary social insurance participants as provided for in Article 100 of the Social Insurance Law.

1. The person participate in voluntary social insurance register with the social insurance organization to contribute to voluntary social insurance according to one of the following methods:

a) Monthly;

b) Quarterly;

c) Every six months.

2. The collection of contributions for social insurance shall be carried out in the first half of the period corresponding to the method chosen by the social insurance participant.

3. The monthly contribution rate into the voluntary social insurance fund is as follows:

Where:

a) Monthly income chosen by the voluntary social insurance participant = L_{Maximum Downhill Gradient} +  m  x  50,000 (VND/month)

-_{Maximum Downhill Gradient}: general minimum wage;

- m: is an integer, ≥ 0.

b) The percentage of voluntary social insurance contributions is defined as follows:

- From January 2008 to December 2009, it is 16%;

- From January 2010 to December 2011, it is 18%;

- From January 2012 to December 2013, it is 20%;

- From January 2014 onwards, it is 22%.

4. Persons currently participating in voluntary social insurance may re-register the contribution method or the monthly income level as the basis for voluntary social insurance contributions with the social insurance organization. Re-registration of the contribution method and the monthly income level as the basis for contributions must be done at least six months after the previous registration.

Article 27. Suspension of contributions to the voluntary social insurance fund

1. A voluntary social insurance participant is considered to have suspended contributions when they cease making contributions and do not request a lump-sum social insurance payment.

2. Persons temporarily suspended from contributing to voluntary social insurance, if they continue to contribute, must re-register the contribution method and the monthly income level as the basis for contributions with the social insurance organization. Re-registration must be done at least three months after the month the voluntary social insurance participant suspended contributions.

Article 28. Utilization of the Voluntary Social Insurance Fund as provided for in Article 99 of the Social Insurance Law

1. Paying social insurance benefits to voluntary social insurance participants as stipulated in Chapter II of this Decree.

2. Contributing to health insurance for persons currently receiving pensions as prescribed by the laws on health insurance.

3. Management costs.

4. Investing to preserve and grow the Fund as prescribed.

Article 29. Investment activities from the Voluntary Social Insurance Fund

1. The Vietnam Social Security is responsible for implementing measures to preserve and increase the Voluntary Social Insurance Fund from temporarily idle funds. Investment activities from the Voluntary Social Insurance Fund must ensure safety, effectiveness, and recoverability when necessary.

2. The Management Council of the Vietnam Social Security decides on the investment of the Voluntary Social Insurance Fund through the following forms:

a) Purchasing government bonds, bills, and treasury bills;

b) Lending to state-owned commercial banks;

c) Investing in national key economic projects;

d) Investing in certain projects with high capital requirements as decided by the Prime Minister.

Article 30. The voluntary social insurance fund shall be independently accounted for to pay retirement benefits to those participating in voluntary social insurance and survivor benefits to the dependents of these participants based on their contribution levels and duration of social insurance contributions.

The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Finance to guide the payment of retirement and survivor benefits from both the mandatory social insurance fund and the voluntary social insurance fund for individuals who have both mandatory and voluntary social insurance participation periods.

Article 31. Management costs under Article 101 of the Social Insurance Law

1. Annual management costs for voluntary social insurance shall be deducted from the profits generated from investments made from the Fund.

2. Management costs for voluntary social insurance shall be equivalent to administrative state agency management costs, including the following items:

a) Recurrent expenses;

b) Non-recurrent expenditure, including:

- Expenses for Social Insurance Books, documents, forms, and services related to collection and disbursement activities;

- Major repair expenses, fixed asset purchases, scientific research, and professional training.

3. Management costs for voluntary social insurance in the initial years shall be determined by the Ministry of Finance and submitted to the Prime Minister for approval.

Article 32. Financial activities of the voluntary social insurance fund shall be subject to inspection and audit by state financial management agencies and the State Audit Agency.

Chapter IV

PROCEDURES FOR VOLUNTARY SOCIAL INSURANCE

Article 33. Social Insurance Book under Article 109 of the Social Insurance Law

1. The Social Insurance Book issued by the Vietnam Social Security shall be provided to the subjects specified in Article 2 of this Decree to monitor the process of social insurance contributions.

2. Each person participating in voluntary social insurance shall be issued one Social Insurance Book which can be used throughout the period of both mandatory and voluntary social insurance participation.

In cases where a person has previously participated in mandatory social insurance before joining voluntary social insurance, the existing Social Insurance Book shall be used to monitor the social insurance contribution process.

Article 34. Issuance of Social Insurance Book under Article 111 of the Social Insurance Law

1. Individuals participating in voluntary social insurance must submit a personal declaration form to the social insurance organization at their place of residence. The format of the personal declaration form is prescribed by the Vietnam Social Security.

2. Within twenty days from the date of receiving complete and valid application documents from individuals participating in voluntary social insurance, the social insurance organization shall issue the Social Insurance Book; if not issued, a written response explaining the reasons must be provided.

Article 35. Application procedures for retirement benefits, lump-sum social insurance benefits, and processing of retirement entitlements under Articles 123 and 124 of the Social Insurance Law

1. Application documents for retirement benefits and lump-sum social insurance benefits include:

a) Social insurance book;

b) A personal declaration form according to the model prescribed by the Vietnam Social Security.

2. The social insurance organization shall notify individuals participating in voluntary social insurance who meet the conditions for retirement benefits at least three months in advance as stipulated in Article 9 of this Decree.

Individuals participating in voluntary social insurance must submit the application documents as stipulated in Clause 1 of this Article to the social insurance organization at their place of residence.

3. The social insurance organization shall process the application within twenty days from the date of receipt of complete and valid application documents; if not processed, a written response explaining the reasons must be provided.

4. The date of commencement of retirement benefits shall be the month immediately following the month when the social insurance organization receives complete and valid application documents from individuals participating in voluntary social insurance who meet the conditions for retirement benefits.

Article 36. Application documents and procedures for processing survivor benefits and survivor entitlements under Articles 123 and 124 of the Social Insurance Law

1. Application documents for survivor benefits include:

a) The Social Insurance Book for individuals currently making voluntary social insurance contributions;

b) Death certificate, death notice, or court decision declaring death;

c) Declaration form of the dependent according to the model prescribed by the social insurance organization.

2. Dependents of individuals currently making voluntary social insurance contributions or individuals currently receiving retirement benefits must submit the application documents as stipulated in Clause 1 of this Article to the social insurance organization.

3. The social insurance organization shall process the application within ten days from the date of receipt of complete and valid application documents; if not processed, a written response explaining the reasons must be provided.

Article 37. Procedures for processing retirement benefits and lump-sum social insurance benefits for individuals who have completed serving their prison sentences are implemented according to the provisions of Articles 127 and 128 of the Social Insurance Law.

Article 38. Procedures for processing the transfer of retirement benefit location are implemented according to the provisions of Article 129 of the Social Insurance Law.

Chapter V

COMPLAINTS AND REPORTS ON VOLUNTARY SOCIAL INSURANCE

Article 39. Persons filing complaints about social insurance under Clause 1 of Article 130 of the Social Insurance Law

1. Individuals participating in voluntary social insurance as specified in Article 2 of this Decree.

2. Individuals currently receiving retirement benefits, individuals preserving time for voluntary social insurance contributions, individuals temporarily suspended from receiving retirement benefits, individuals receiving one-time survivor benefits, individuals handling funeral arrangements, and other persons with rights and interests related to voluntary social insurance.

Article 40. Authority and procedures for handling complaints about social insurance under Clause 2 of Article 131 of the Social Insurance Law

1. Authority to handle complaints about voluntary social insurance:

a) The head of the social insurance organization that has made decisions or actions regarding voluntary social insurance shall be responsible for initially resolving complaints against their own decisions or actions;

b) The Director of the Department of Labor, Invalids and Social Affairs with authority shall resolve complaints about voluntary social insurance concerning the initial resolution of complaints by the head of the social insurance organization, but the complainant disagrees or the complaint is not resolved within the prescribed time limit and the complainant does not file a lawsuit with the Court during the same period.

2. Procedures and processes for filing and resolving initial complaints about voluntary social insurance are as follows:

a) When discovering a decision or act regarding voluntary social insurance that contravenes the law and infringes upon their lawful rights and interests, the complainant shall submit a complaint to the head of the social insurance organization that issued the decision or carried out the act.

b) Upon receipt of the initial complaint, the head of the social insurance organization that made the decision or act being complained about must consider accepting and resolving the complaint.

The time limit for lodging a complaint, the complaint procedure, and the deadline for resolving the initial complaint shall be governed by the laws on complaints and denunciations.

3. The procedures and complaint handling process for the second-level complaint regarding voluntary social insurance are stipulated as follows:

a) In cases where the complainant disagrees with the decision resolving the initial complaint or if the initial complaint is not resolved within the prescribed time limit without initiating legal proceedings, the complainant has the right to lodge a complaint with the Director of the Department of Labor, Invalids, and Social Affairs.

b) The time limit for lodging a complaint, the complaint procedure, and the deadline for resolving the second-level complaint shall be implemented in accordance with the laws on complaints and denunciations.

4. If the complainant disagrees with the initial resolution decision of the head of the social insurance organization but does not lodge a complaint with the Director of the Department of Labor, Invalids, and Social Affairs; or if the resolution decision of the Department of Labor, Invalids, and Social Affairs is not made within the prescribed time limit, or if the head of the social insurance organization or the Director of the Department of Labor, Invalids, and Social Affairs fails to resolve the matter within the prescribed time limit, then legal action may be initiated at the court.

Article 41. Matters concerning denunciation and the resolution of denunciations regarding violations of the laws on voluntary social insurance shall be carried out in accordance with the laws on complaints and denunciations.

Chapter VI

IMPLEMENTING PROVISIONS

Article 42.

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. The provisions of this Decree shall be implemented from January 1, 2008.

Article 43.

1. The Ministry of Labor, Invalids, and Social Affairs shall be responsible for guiding the implementation of this Decree.

2. The Vietnam Social Security shall organize the implementation of the provisions of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.