Circular No. 23/2012/TT-BLDTBXH amending and supplementing certain contents of Circular No. 19/2008/TT-BLDTBXH dated September 23, 2008, which amended and supplemented Circular No. 03/2007/TT-BLDTBXH dated January 30, 2007, guiding the implementation of some provisions of Decree No. 152/2006/NĐ-CP dated December 22, 2006 of the Government guiding some provisions of the Social Insurance Law on mandatory social insurance.

CIRCULAR

Provincial People's Committees set specific pricesto amend and supplement some contents of TCircular No. 19/2008/TT-BLDTBXH dated September 23, 2008

stipulating and guiding the implementation of content number 09 under component number 02 and content number 02 under component number 08 of the National Target Program on New Rural Development for the period 2021-2025. TCircular No. 03/2007/TT-BLDTBXH dated January 30, 2007 guiding the implementation

amending certain provisions of N |||Decree No. 152/2006/NĐ-CP dated December 22, 2006 of Cgovernment

guiding some articles of LAmendment and Supplement to Certain Provisions of the Tobacco Control Law Bsocial insurance on mandatory social insurance

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Camendpursuant to Decree No. 152/2006/NĐ-CP dated December 122, 2006 of the Government guidingFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSsome đarticles of the Social Insurance Law on mandatory social insurance;

Decree No. 186/2007/Decree No. 25/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;amenddecision of the Director of the Social Insurance Department;Chapter Minister of Labor, Invalids and

Code: QTKĐ 05:2016/BQP.on Social Affairs issues this Circular amending and supplementing some

contents of Circularito ensureto No. 19/2008/TTNo. -BLDTBXH dated September 23, 2008 amending and supplementing Circular No. 03 /2007/TT-BLDTBXH dated January 30,2007 guiding the implementation of some articles of Decree No./2007/T152/2006/NĐ-CP dated December 22,1 2006 of the Government guiding someFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSarticles of the Social Insurance Law on mandatory social insurance (hereinafter referred to as Circular 1No. 19/2008/TTamend-BLDTBXH).Deputy ministers of ministerial-level agencies,Article 1. Amend and supplement some contents of Circular No. 19/2008/TT-BLDTBXHNo. . Amend Point 5 of Clause 2 as follows:on “5. In cases where the employee or their child under seven years old undergoes medical examination and treatment abroad, the file for sick leave benefits shall include the social insurance card; the medical examination and treatment certificate issued by foreign healthcare facilities; and the list of employees on sick leave prepared by the employer according to the model prescribed by the Vietnam Social Security.”đượ Supplement Point 7 to Clause 2 as follows:concerning the classification and determination of state management authority in the field of crop production number “7. In cases where an employee had previously contributed to social insurance, then interrupted contributions and resumed work immediately thereafter, and became ill within the first month of resuming work and contributing to social insurance, the amount of salary or wage used as the basis for calculating sick leave benefits shall be the amount of salary or wage used as the basis for contributing to social insurance in that very month.”Supplement Point 10 to Clause 4 as follows:,

“10. In cases where an employee had previously contributed to social insurance, then interrupted contributions and resumed work immediately thereafter, and suffered a workplace accident or occupational disease within the first month of resuming work and contributing to social insurance, the amount of salary or wage used as the basis for calculating workplace accident or occupational disease benefits shall be the amount of salary or wage used as the basis for contributing to social insurance in that very month.”ngAmend Point 9 of Clause 6 as follows:

1“9a. The time when the conditions for age to receive pension are met:

The time when the conditions for age to receive pension are met is the first day of the month following the birth month in which the employee meets the age requirement for receiving pension. If the employee's file does not record the date of birth and month of birth (only records the year of birth), the time when the conditions for age to receive pension are met is the first day of the month following the year in which the employee meets the age requirement for receiving pension.This Resolution takes effect from the date it is adopted by the National Assembly.Mr. A is a university lecturer, born on March 1, 1955.ồ The time when Mr. A meets the conditions for age to receive pension is April 1, 2015;ồMrs. B is an office clerk, with only the year of birth recorded in her file as 1957.ệThe time when Mrs. B meets the conditions for age to receive pension is January 1, 2013.无效 9b. The time when the conditions for receiving pension due to reduced working capacity are met:t TThe time when the conditions for receiving pension due to reduced working capacity are met for those who have met the age and contribution period requirements for social insurance is the first day of the month following the month in which the conclusion of reduced working capacity of 61% or more is made.

2. Ms. D was born on May 10, 1964, and has a mandatory social insurance contribution period of 23 years. In June 2012, Ms. D requested a medical assessment of her reduced working capacity to receive pension. On July 5, 2012, the Medical Assessment Council concluded that Ms. D had a reduced working capacity of 63%. The time when Ms. D meets the conditions for receiving pension due to reduced working capacity is August 1, 2012.

9c. The time when pension is received:developmentFor employees who are currently contributing to mandatory social insurance, the time when pension is received is the time of retirement recorded in the decision to stop working issued by the employer when the employee has met the conditions.ệc when they fall ill during the month đu return to work lo perform work and contribute to social insurance organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.e level tipowers lation, organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.ionn cngenergy to perform work from the date of receiving the file. foundation organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.ffecting the benefit regime No.ll pain is the wage or salary serving as the basis for social insurance contributionsdevelopmentof that very month".

3. Add Point 10 to Clause 4 as follows:

"10. In cases where workers have previously contributed to social insurance, then had a break before returning to work and immediately suffered a workplace accident or occupational disease in the first month back at work and continued working and contributing to social insurance, the wage or salary serving as the basis for calculating the workplace accident or occupational disease benefit is the wage or salary serving as the basis for social insurance contributions of that very month".in he wage or salaryonhe wage or salaryonhe wage or salary serving as the basis for social insurance contributions of that very month".

4. Provincial People's Committees set specific pricesđổamend Point 9 of Clause 6 as follows:

"9a. THEe point meeting the conditions for retirement age đe point meeting the conditions for retirement pay:

The point meeting the conditions for retirement age is the first day of the month following the month of birth in the year when the worker meets the conditions for retirement age. In cases where the worker's file does not record the date of birth and month of birth (only recording the year of birth), the point meeting the conditions for retirement age is the first day of the year following the year when the worker meets the conditions for retirement age.ệArticle 3. Functions, duties, powers of Management Boards and duties, powers of the Chairperson, Vice Chairperson (if any), Secretary, and Members of Management Boardson Mr. A is a university lecturer, born on March 1, 1955.on e point Mr. A meets the conditions for retirement age is April 1, 2015;ệArticle 3. Functions, duties, powers of Management Boards and duties, powers of the Chairperson, Vice Chairperson (if any), Secretary, and Members of Management Boardson Mrs. B is an office clerk, her file only records the year of birth as 1957.ồ e point Mrs. B meets the conditions for retirement age is January 1, 2013.amend9b. The point meeting the conditions for retirement pay due to reduced work capacity: đe point meeting the conditions for retirement pay due to reduced work capacity for those who meet the conditions for both retirement age and social insurance contribution period is calculated from the first day of the month following the month with a conclusion of reduced work capacity of 61% or more.Deputy ministers of ministerial-level agencies, INDUSTRIAL EXPLOSIVES - TNP1 EXPLOSIVESonMrs. D, born on May 10, 1964, has 23 years of mandatory social insurance contributions. In June 2012, Mrs. D requested a medical examination for reduced work capacity to claim retirement pay. On July 5, 2012, the Medical Examination Council concluded that Mrs. D has a reduced work capacity of 63%. The point Mrs. D meets the conditions for retirement pay due to reduced work capacity is August 1, 2012. lChapter h9c. The point of receiving retirement pay:toy 01 For workers currently making mandatory social insurance contributions, the point of receiving retirement pay is the point of retirement recorded in the decision to stop work issued by the employer when the worker has submitted their application to the social insurance organization at least 30 days before the point of receiving retirement pay. In cases where the worker submits their application late, they must provide a written explanation detailing the reasons."onsive con Implementation clause

Example 1: his circular takes effect from December 1, 2012êDuring implementation, any difficulties should be reported to the Ministry of Labor, Invalids, and Social Affairs for study and resolution./. Ttime đMr. A meets the conditions to goonfile a lawsuit regarding agedevelopment hưởThe date of retirement pay is April 1, 2015;

Example 2: Ms. C is an office clerk, her file only records her birth year as 1957.ồ In the file, it only records the year of birth as 1957. Ttime todevelopmentmeet the conditions C for ageon to receive retirement pay is January 1, 2013.development 9b. Time to

meet the conditions to receive retirement pay when there is a reduction in work capacity:developmentThe time toonmeet the conditions to receive retirement pay when there is a reduction in work capacity for those who have met the conditions for age

and social insurance contribution period is calculated from the first day of the month immediately following the month in which the conclusion of a reduction in work capacity of 61% or more was made.onMrs. D, born on May 10, 1964, has a mandatory social insurance contribution period of 23 years. In June 2022, Mrs. D requested a medical assessment of the degree of reduction in work capacity to receive retirement pay. On July 5, 2012, the Medical Appraisal Board concluded that Mrs. D had a 63% reduction in work capacity. The time when Mrs. D met the conditions to receive retirement pay due to a reduction in work capacity is August 1, 2012.on 9c. Time todevelopmentreceive retirement pay:on For workers who are contributing to mandatory social insurance, the time to

Example 3: receive retirement pay is the time of retirement recorded in the decision to stop working issued by the employer when the worker has submitted their application to the social insurance organization at least 30 days before the time the worker is entitled to receive retirement pay. If the worker submits the application later than stipulated, they must provide a written explanation detailing theđượ reasons."1Implementation clauseN ||| declaration of customs import procedures. of this circular takes effect from December 1, 2012 đDuring implementation, any difficulties should be reported to the Ministry of Labor - Invalids and Social Affairs for study and resolution./. lao động 63%. Thời đidevelopmentm bà D đủ đionu kiện hưởng lương hưu do suy giảm khả năng lao động là ngày 01/8/2012.

9c. Thời điểm hưởng lương hưu:

a) Đối với người lao động đang đóng bảo hiểm xã hội bắt buộc, thời điểm hưởng lương hưu là thời đidevelopmentm hưởng lương hưu ghi trong quyết định nghỉ việc do người sử dụng lao đ|||ng lập khi người lao động đã đDeputy ministers of ministerial-level agencies, conditions for receiving old-age pension as prescribed.

The employer shall be responsible for submitting the file to the social insurance organization.ồ insurance at least 30 days before the date when the employee is entitled to receive the old-age pension. In case the employer submits the file later than prescribed, they must provide a written explanation clearly stating the reasons.developmentFor employees who are preserving their contribution time for social insurance,t Tthe time of receiving the old-age pension is the time recorded in the application form when they meet the conditions for receiving the old-age pension as prescribed.êEmployees shall be responsible for submitting the file to the social insurance organization

b) at least 30 days before the date when the employee is entitled to receive the old-age pension. In case the employee submits the file later than prescribed, they must provide a written explanation clearly stating the reasons.đượ h|||Implementation clausedevelopmentThis circular takes effect from December 1, 2012.

During implementation, any difficulties should be reported to the Ministry of Labor - Invalids and Social Affairs for study and resolution./.ệm nộp hồ sơ cho tổ chức bảo hidevelopmentm xã hội chậm nhất 30 ngày trước thời đidevelopmentm người lao động được hưởng lương hưu. Trường hợp người lao động nộp hồ sơ chậm so với quy định thì phải giải trình bằng văn bản nêu rõ lý do."

Article 2. 3. Amend Clause 3 Article 2 as follows:iều khoản thi hành

1.hông tư này có hiệu lực thi hành kể từ ngày 01 tháng 12 năm 2012.

2. Trong quá trình thực hiện, mọi vướng mắc đon nghị phản ánh về Bộ Lao động- Thương binh và Xã hội để nghiên cứu, giải quyết./.