Circular No. 26/2010/TT-BLDTBXH amends and supplements Circular No. 24/2007/TT-BLDTBXH on guiding the calculation period for social insurance benefits. This document specifies detailed regulations on files and responsibilities of social insurance organizations in handling issues related to social insurance.
要点
- Workers must have a written confirmation from the head of the agency or unit sending them abroad for work, study, or internship; if the agency or unit has been dissolved, then the immediate superior administrative body shall provide the confirmation.
- Workers must provide a certificate from the agency or unit managing their pre-abroad work or study confirming that they have not received one-time allowance or demobilization allowance after returning from abroad.
- Social insurance organizations are responsible for accepting files and processing social insurance for workers who meet the conditions for retirement or survivor benefits; issuing social insurance books for workers who have not yet received such books; and supplementing the working time covered by social insurance.
- Social insurance organizations must process and supplement the working time covered by social insurance within fifteen working days from the date of receiving complete files; if they fail to process, they must respond in writing and specify the reasons.
- This Circular takes effect forty-five days from the date of issuance.
🌐 本文件的社会影响
- Workers will need to provide additional confirmation documents to ensure their rights to social insurance benefits.
- Social insurance organizations are responsible for quickly processing files to facilitate workers' access to their benefits.
❓ 常见问题
What documents do workers need to provide to receive social insurance benefits?
Workers need to provide a written confirmation from the head of the agency or unit sending them abroad for work, study, or internship; and a certificate from the agency or unit managing their pre-abroad work or study confirming that they have not received one-time allowance or demobilization allowance after returning from abroad.
What are the responsibilities of social insurance organizations during the file processing?
Social insurance organizations are responsible for accepting files and processing social insurance for workers who meet the conditions for retirement or survivor benefits; issuing social insurance books for workers who have not yet received such books; and supplementing the working time covered by social insurance.
What is the deadline for social insurance organizations to process files?
Social insurance organizations must process and supplement the working time covered by social insurance within fifteen working days from the date of receiving complete files.
What happens if social insurance organizations do not process the files?
If social insurance organizations do not process the files, they must respond in writing and specify the reasons.
When does this Circular take effect?
This Circular takes effect forty-five days from the date of issuance.
全文
CIRCULAR
Regarding the amendment and supplementation of Circular No. 24/2007/TT-BLDTBXH dated November 9, 2007
guiding the calculation period for social insurance benefits under
Decision No. 107/2007/QD-TTg dated July 13, 2007
of the Prime Minister
________________________
Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;
Pursuant to Decision No. 107/2007/QD-TTg dated July 13, 2007 of the Prime Minister on the calculation period for social insurance benefits for civil servants, public officials, employees, workers, military personnel, and people's police who have legally exited the country but did not return within the prescribed time limit;
The Ministry of Labor, Invalids and Social Affairs amends and supplements some contents of Circular No. 24/2007/TT-BLDTBXH dated November 9, 2007 guiding the calculation period for social insurance benefits under Decision No. 107/2007/QD-TTg dated July 13, 2007 of the Prime Minister (hereinafter referred to as Circular No. 24/2007/TT-BLDTBXH) as follows:
Article 1. Amending and supplementing some contents of Circular No. 24/2007/TT-BLDTBXH.
1. Amend the title of Section IV as follows:
"IV. DOCUMENTS AND RESPONSIBILITIES OF THE WORKER, THE UNIT, AND THE SOCIAL INSURANCE ORGANIZATION"
2. Delete paragraph b of point 1.1 clause 1 section IV regarding the documents.
3. Amend paragraph d of point 1.1 clause 1 section IV as follows:
"d) A certificate from the agency or unit directly managing the worker before going abroad confirming that the worker has not received a one-time allowance, demobilization allowance, or discharge allowance after returning to the country. In cases where the agency or unit has been dissolved, the superior agency or unit shall issue the confirmation."
4. Supplement at the end of paragraph b points 1.2, point 1.3, point 1.4 clause 1 section IV with the following content:
"In cases where there is no dispatch decision for working, studying, or internship abroad, a written confirmation must be provided by the head of the agency or unit dispatching the worker, specifying the period during which the worker was dispatched to work, study, or intern abroad and bearing responsibility under the law for the content of the confirmation. If the dispatching agency or unit no longer exists, the superior management agency shall provide the confirmation and bear responsibility under the law for the content of the confirmation."
5. Supplement clause 3 section IV with the following content:
"3. Responsibilities and deadlines for processing by the social insurance organization
a) The social insurance organization is responsible for receiving the documents and processing social insurance benefits for workers who meet the conditions for retirement or death benefits; issuing social insurance books to workers who have not yet received their social insurance books; and recording additional periods of work covered by social insurance for workers who already have social insurance books.
b) The deadline for processing retirement and death benefits and issuing social insurance books shall be carried out in accordance with Clause 4 Article 122 and Clause 3 Article 111 of the Social Insurance Law.
Within fifteen working days from the date of receipt of all required documents, the social insurance organization shall be responsible for processing and recording additional periods of work covered by social insurance for workers who already have social insurance books. In case of non-processing, a written response must be provided stating the reasons."
Article 2. Implementation Provisions
1. This Circular takes effect forty-five days from the date of issuance.
2. Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for research and resolution./.
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