CIRCULAR

Regarding the issuance of social insurance books for workers who were on standby before January 1, 1995, as stipulated in Decree No. 01/2003/NĐ-CP dated January 9, 2003 of the Government.

Implementing Point 3, Clause 5, Article 1 of Decree No. 01/2003/NĐ-CP dated January 9, 2003 of the Government; after receiving comments from the Ministry of Finance, the Ministry of Home Affairs, the Vietnam General Confederation of Labor, and the Ministry of Labor, Invalids and Social Affairs, guiding the issuance of social insurance books to workers whose names appear on the list of enterprises, agencies, and organizations that went on standby before January 1, 1995 but have not yet received one-time benefits as follows:

I. OBJECTS

1. The objects subject to this regulation are workers employed under state management, who went on standby from November 1987 to before January 1, 1995 due to their employers, agencies, or organizations being unable to arrange work for them, including:

a. Workers hired under indefinite-term labor contracts in state-owned enterprises (including state-run farms and forestry enterprises).

b. Workers hired under civil service positions or indefinite-term labor contracts in administrative agencies, public institutions; political organizations and political-social organizations funded by the state budget.

2. Cases not subject to application:

a. Those who have already received termination benefits or one-time social insurance benefits.

b. Those who were disciplined with compulsory termination or left their jobs without permission.

c. Those who were imprisoned before January 1, 1995.

d. Those who left the country illegally or remained abroad illegally; those who falsified documents related to their working period.

II. CONDITIONS FOR ISSUING SOCIAL INSURANCE BOOKS

The objects specified in Point 1 of Section I above shall be issued social insurance books when they meet the following conditions:

1. As of December 31, 1994, they still appeared on the unit's employee list.

2. They have not received termination benefits or one-time social insurance benefits.

III. PROCEDURE FOR ESTABLISHING APPLICATION FILES FOR SOCIAL INSURANCE BOOKS

1. Unit heads are responsible for:

a) Reviewing employees who have left their jobs; examining and comparing files under their management to identify and compile lists of those who went on standby from November 1987 to before January 1, 1995 and are expected to receive social insurance books; publicly announcing and posting these lists so that all workers can see and provide feedback. Before announcing, opinions from the Trade Union organization at the unit must be sought.

b) Providing personnel files and resumes and guiding workers who meet the conditions to fill out the application form for social insurance books according to the prescribed format.

c) Signing off on the application form for social insurance books and bearing legal responsibility for its contents.

d) Submitting a letter along with the list (Form No. 2) and personnel files of workers applying for social insurance books to the Social Insurance Department of the province or city where the unit pays social insurance contributions.

The list of workers eligible for social insurance books should be compiled into two copies: one copy listing workers with original resumes and accompanying files, and another copy listing workers who have lost their original resumes and files.

In cases where workers lack the required documents as stipulated in Point 3 below due to natural disasters, fires, or loss of documents, the unit must prepare a record of the worker's employment history and obtain verification and confirmation from the superior management authority. At the same time, the unit must submit letters with supporting documents such as labor records, Party member resumes, Youth League resumes, employment contract decisions, transfer or job change decisions, demobilization or discharge decisions, and salary cessation decisions.

e) Submitting complete files as stipulated in Point 3 below to the Social Insurance Authority. For units that have split or merged, the head of the unit is responsible for handling the matter.

For units that have been dissolved, sold, or leased, the head of the direct superior unit is responsible for handling the matter.

2. Workers are responsible for:

Directly filling out the application form for social insurance books (Form No. 1). The information recorded in the form must match the original resume and file managed by the agency or unit; signing the form and bearing legal responsibility for the information provided.

3. The application file for each person includes:

a) Application form for social insurance books.

b) Original resume and supplementary resume of the worker, employment contract decision, and other relevant documents such as salary increase decisions, transfer or job change decisions, demobilization or discharge decisions, and salary cessation decisions.

c) Decision to go on standby. If there is no standby decision, then the head of the unit at the time of filing the application must confirm it.

IV. IMPLEMENTATION

1. The Vietnam Social Security is responsible for directing provincial and municipal social security departments to implement:

a) Receiving application files for social insurance books.

b) Organizing the review of files to determine the objects eligible for social insurance books and issuing and registering social insurance books for workers. The method of recording social insurance books shall be carried out in accordance with Circular No. 09/LDTBXH-TT dated April 26, 1996 of the Ministry of Labor, Invalids and Social Affairs. The working period in the state sector before going on standby shall be calculated for social insurance benefits according to the following documents:

- Circular No. 13/NV dated September 4, 1972 of the Ministry of Home Affairs (now the Ministry of Labor, Invalids and Social Affairs) providing guidance and specific regulations on calculating the working period of state workers;

- Letter No. 1908/HT dated August 15, 1973 of the Ministry of Labor, Invalids and Social Affairs (formerly the Ministry of Social Welfare) regarding the calculation of the working period for state workers;

- Letter No. 17/HT dated January 4, 1978 of the Ministry of Labor, Invalids and Social Affairs (formerly the Ministry of Social Welfare) regarding the calculation of the working period for workers holding village police positions;

- Circular No. 169/NHXH dated February 17, 1981 of the Ministry of War Invalids and Social Affairs (now the Ministry of Labor, War Invalids and Social Affairs) on the implementation of retirement benefits, disability benefits, and pensions;

- Joint Circular No. 10/TT-LB dated June 7, 1988 of the Joint Ministry of Labor, War Invalids and Social Affairs - Health guiding the additional calculation of working time for village and ward medical staff;

- Circular No. 1943/LĐTBXH-BTXH dated August 20, 1990 of the Ministry of Labor, War Invalids and Social Affairs on the implementation of social insurance policies for workers returning from labor cooperation abroad;

- Joint Circular No. 12/TT-LB dated August 3, 1992 of the Joint Ministry of Labor, War Invalids and Social Affairs - Finance guiding the implementation of certain policies and benefits for workers returning from overseas labor assignments;

- Notification No. 622/VK dated December 14, 1993 of the Ministry of Labor, War Invalids and Social Affairs - Central Overseas Vietnamese Committee on the calculation of revolutionary activity time abroad for overseas Vietnamese now serving as state officials to enjoy social insurance benefits;

- Circular No. 3634/LĐ-TBXH dated October 9, 1997 of the Ministry of Labor, War Invalids and Social Affairs on the calculation of working time for volunteers;

After comparing and checking the original file and resume against the content declared in the application for issuance of the social insurance book, the social insurance agency returns the original file and resume to the employer.

In cases where the review finds incomplete or incorrect files, the social insurance agency must notify the relevant entity in writing so that the entity can continue to process and supplement the information.

c) Within thirty days from the date of receipt of the complete file submitted by the employer, the social insurance agency completes the issuance of the social insurance book and hands it over to the employer. The head of the employer has the responsibility to hand over the social insurance book to the employee.

d) Summarize the situation of issuing social insurance books by provincial and municipal social insurance agencies and report to the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Finance (according to Form No. 3).

2. The heads of agencies and units are responsible for publicly posting the list of individuals approved for issuance of the social insurance book. When processing the issuance of the social insurance book, if the employee has reached the retirement age as stipulated in the Labor Code, the unit head shall transfer the employee's file to the social insurance agency for immediate resolution according to current regulations.

3. Employees receive the social insurance book directly from their employer. Employees use this book to continue paying social insurance contributions or to resolve benefits according to current laws.

4. Ministries and sectors have the responsibility to guide, inspect, and urge subordinate units under their direct management to implement the provisions of this Circular.

5. The costs for reviewing and issuing social insurance books are taken from the management fees of the Vietnam Social Security.

V. IMPLEMENTATION PROVISIONS

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

2. Working time with social insurance contributions before January 1, 1995, recorded in the social insurance book, is counted towards social insurance benefits.

3. The provisions of this Circular take effect until the end of 2005.

4. Any difficulties encountered during implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for study and resolution.