Decree No. 33/2016/NĐ-CP provides detailed regulations and guidance on implementing certain provisions of the Social Insurance Law concerning mandatory social insurance for military personnel, public security officers, and civil servants with equivalent salaries to military personnel.

DECREE

Detailed regulations and guidance on implementing

concerning certain provisions of the Social Insurance Law on mandatory social insurance

for military personnel, public security officers, and persons engaged in confidential work with salaries equivalent to those of military personnel

          Pursuant to the Government Organization Law dated June 19, 2015;

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          At the proposal of the Minister of National Defense, the Minister of Public Security, and the Minister of Labor, Invalids and Social Affairs,

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

The Government promulgates this Decree detailing and guiding the implementation of certain provisions of the Social Insurance Law on mandatory social insurance for military personnel, public security officers, and persons engaged in confidential work with salaries equivalent to those of military personnel.

This Decree details and guides the implementation of certain provisions of the Social Insurance Law on mandatory social insurance for military personnel, public security officers, and persons engaged in confidential work with salaries equivalent to those of military personnel.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. Workers subject to mandatory social insurance under Point d Clause 1 Article 2 of the Social Insurance Law include:

Article 2. Applicability

a) Officers and professional soldiers of the People's Army;

b) Officers and non-commissioned officers in specialized positions and technical officers and non-commissioned officers in technical fields of the People's Public Security;

c) Persons engaged in confidential work with salaries equivalent to those of military personnel (hereinafter referred to as persons engaged in confidential work).

Article 2. Workers subject to mandatory social insurance under Point e Clause 1 Article 2 of the Social Insurance Law, who receive rank allowances or living expenses, include:

a) Non-commissioned officers and soldiers of the People's Army;

b) Non-commissioned officers, conscripted public security officers, and student public security officers receiving living expenses while studying;

c) Student confidential workers receiving living expenses while studying.

Article 3. Workers enjoying spousal benefits at overseas diplomatic missions as stipulated in Clause 4 Article 123 of the Social Insurance Law.

Article 4. Workers specified in Clauses 1 and 2 of this Article who continue to receive salaries or rank allowances or living expenses while studying, training, working, researching, or recuperating abroad and pay social insurance contributions as prescribed shall enjoy the social insurance benefits stipulated in this Decree.

Article 5. Employers participating in mandatory social insurance under Clause 3 Article 2 of the Social Insurance Law include:

a) Agencies and units under the Ministry of National Defense and the Ministry of Public Security;

b) Agencies and organizations employing confidential workers;

c) Enterprises and public service units under the Ministry of National Defense and the Ministry of Public Security.

Article 3. Mandatory social insurance benefits

Clause 1. The mandatory social insurance benefits prescribed in Clause 1 Article 4 of the Social Insurance Law include: sickness; maternity; occupational accidents and occupational diseases; retirement; and death benefits.

Clause 2. Workers specified in Clause 1 Article 2 of this Decree shall enjoy all five mandatory social insurance benefits.

Clause 3. Workers specified in Clause 2 Article 2 of this Decree shall enjoy occupational accident and occupational disease benefits; retirement benefits; and death benefits.

Clause 4. Workers specified in Clause 3 Article 2 of this Decree shall enjoy retirement benefits and death benefits.

4. Workers specified in Clause 3, Article 2 of this Decree shall implement the retirement and survivorship benefits regime.

Article 4. State Management of Social Insurance in the Ministry of National Defense and the Ministry of Public Security

In accordance with Articles 7 and 8 of the Social Insurance Law, the Ministry of National Defense and the Ministry of Public Security shall implement state management of social insurance and have the following tasks and authorities:

1. To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and relevant ministries and sectors to study and develop draft legal documents for submission to the Government or the Prime Minister for issuance, or to issue such documents within their authority, concerning social insurance for military personnel, public security officers, and civil servants engaged in confidential work.

2. To organize the implementation of policies and laws on social insurance within the Ministry of National Defense and the Ministry of Public Security.

3. To carry out statistical work, information dissemination, propaganda, and popularization of social insurance systems, policies, and laws within the Ministry of National Defense and the Ministry of Public Security.

4. To organize the machinery for implementing social insurance; to train and provide training for human resources engaged in social insurance work within the Ministry of National Defense and the Ministry of Public Security.

5. To manage income and expenditure of social insurance within the Ministry of National Defense and the Ministry of Public Security.

6. To inspect and supervise compliance with laws on social insurance; to resolve complaints and denunciations and handle violations of laws on social insurance within their jurisdiction.

PART II

SOME COMPULSORY SOCIAL INSURANCE REGIMES

Section 1

MATERNITY REGIME FOR WOMEN CARRYING PREGNANCIES ON BEHALF OF OTHERS

AND THE MOTHERS WHOSE PREGNANCIES ARE CARRIED ON THEIR BEHALF

Article 5. Maternity regime for women carrying pregnancies on behalf of othersThe maternity regime for workers prescribed in Clause 1, Article 2 of this Decree when carrying pregnancies on behalf of others according to Clause 1, Article 35 of the Social Insurance Law, is stipulated as follows:

1. Female military personnel, female public security officers, and female civil servants engaged in confidential work (hereinafter referred to collectively as female workers) who are carrying pregnancies on behalf of others and are contributing compulsory social insurance to the sickness and maternity fund, during the pregnancy period, are entitled to take leave to attend prenatal checkups five times, each time for one day; in cases where they are far from healthcare facilities or the female worker carrying the pregnancy on behalf of others has medical conditions or abnormal fetuses, they are entitled to two days off for each prenatal checkup.

The leave period prescribed in this Clause is calculated based on working days, excluding holidays, Tet holidays, and weekly rest days.

2. Female workers carrying pregnancies on behalf of others who are contributing compulsory social insurance to the sickness and maternity fund, if they experience miscarriage, abortion, fetal death, or pathological termination of pregnancy, are entitled to take leave to enjoy the maternity regime according to the prescription of authorized healthcare facilities. The maximum leave period is stipulated as follows:

a) Ten days if the pregnancy is less than five weeks old;

b) Twenty days if the pregnancy is between five and under thirteen weeks old;

c) Forty days if the pregnancy is between thirteen and under twenty-five weeks old;

d) Fifty days if the pregnancy is twenty-five weeks old or more.

The leave period prescribed in this Clause includes holidays, Tet holidays, and weekly rest days.

3. When female workers carrying pregnancies on behalf of others give birth and meet the conditions prescribed in Clause 2 or Clause 3, Article 31 of the Social Insurance Law, they are entitled to the following benefits:

a) A one-time allowance for each child equal to twice the minimum wage at the month the female worker carrying the pregnancy on behalf of others gives birth;

b) Leave to enjoy the maternity regime from the day before giving birth until the day the child is handed over to the mother whose pregnancy was carried on her behalf, but not exceeding the period prescribed in Clause 1, Article 34 of the Social Insurance Law;

In cases where the period from the date of birth to the date of handing over the child or the date of the child's death is less than sixty days, the female worker carrying the pregnancy on behalf of others is entitled to leave to enjoy the maternity regime until the end of sixty days including holidays, Tet holidays, and weekly rest days.

The date of handing over the child to the mother whose pregnancy was carried on her behalf is the date recorded in the document confirming the handover date issued by both parties involved in the surrogacy arrangement.

c) After the period of enjoying the maternity regime prescribed in Clause 2 of this Article or Point b of this Clause, if the health of the female worker carrying the pregnancy on behalf of others has not recovered within the first thirty days of returning to work, she is entitled to rest and recuperation according to the provisions of Article 41 of the Social Insurance Law, except in cases where the female worker carrying the pregnancy on behalf of others has been demobilized, discharged from service, or resigned before the date of birth.

4. When female workers carrying pregnancies on behalf of others give birth, their husbands who are contributing compulsory social insurance to the sickness and maternity fund are entitled to take leave to enjoy the maternity regime according to the provisions of Clause 2, Article 34 of the Social Insurance Law.

5. The level of benefit for the maternity regime for female workers carrying pregnancies on behalf of others is implemented according to the provisions of Article 39 of the Social Insurance Law and is calculated based on the average monthly salary paid for social insurance contributions of the six months prior to taking leave to enjoy the maternity regime.

If female workers carrying pregnancies on behalf of others have contributed to social insurance for less than six months, the level of benefit for the cases prescribed in Clause 1 and Clause 2 of this Article is the average monthly salary of the months they have contributed to social insurance.

6. If the leave period to enjoy the maternity regime is fourteen working days or more in a month, that month is counted as a contribution period for social insurance, during which the female worker carrying the pregnancy on behalf of others and the employer do not need to contribute to social insurance.

7. If female workers carrying pregnancies on behalf of others have been demobilized, discharged from service, or resigned before the date of birth and meet the conditions prescribed in Clause 2 or Clause 3, Article 31 of the Social Insurance Law, they still enjoy the maternity regime prescribed in Point a, b of Clause 3 and Clause 5 of this Article; the period of enjoying the maternity regime does not count as a contribution period for social insurance.

7. In cases where a female worker who has acted as a surrogate has been demobilized, discharged from military service, or resigned before the date of birth and meets the conditions stipulated in Clause 2 or Clause 3 of Article 31 of the Social Insurance Law, she shall still be entitled to maternity benefits as prescribed in Point a and b, Clause 3 and Clause 5 of this Article; the period for receiving maternity benefits shall not be counted as the social insurance contribution period.

Article 6. Maternity leave for surrogate mothersmaternity leave benefits for the surrogate mother

The maternity leave for workers stipulated in Clause 1, Article 2 of this Decree who act as surrogates pursuant to Clause 2, Article 35 of the Social Insurance Law shall be regulated as follows:

1. Female military personnel, female public security officers, and female personnel engaged in confidential work acting as surrogates (hereinafter referred to collectively as surrogate mothers) who have contributed to the sickness and maternity fund under the provisions of Clause 2, Article 31 of the Social Insurance Law shall enjoy the following benefits:

a) A one-time allowance equal to two times the minimum wage at the time the female worker acts as a surrogate and gives birth, in cases where the female worker acting as a surrogate does not participate in mandatory social insurance or does not meet the conditions specified in Clause 2 or Clause 3 of Article 31 of the Social Insurance Law.

In cases where both the female worker acting as a surrogate and the surrogate mother do not participate in mandatory social insurance or do not meet the conditions specified in Clause 2 or Clause 3 of Article 31 of the Social Insurance Law, the husband of the surrogate mother who has contributed to the sickness and maternity fund and meets the required conditions shall receive a one-time allowance equal to two times the minimum wage at the time of birth for each child.

b) Leave with maternity benefits from the time of receiving the child until the child reaches six months of age. In cases of twins or more, starting from the second child, for each additional child, the surrogate mother shall be entitled to an additional one month of leave.

If the surrogate mother does not take leave, she will still receive maternity benefits in addition to her salary according to the regulations.

c) In cases where the surrogate mother dies or encounters an accident that leaves her unable to care for the child, as confirmed by a competent medical facility, before the child reaches six months of age, the husband of the surrogate mother or the person directly caring for the child may take leave and receive maternity benefits for the remaining period of the surrogate mother's leave as stipulated in Point b of this Clause.

d) In cases where the husband of the surrogate mother or the person directly caring for the child, as stipulated in Point c of this Clause, participates in mandatory social insurance but does not take leave, he will still receive maternity benefits for the remaining period of the surrogate mother's leave in addition to his salary as stipulated in Point b of this Clause.

e) In cases where the child dies before reaching six months of age after birth, the surrogate mother shall be entitled to leave and receive maternity benefits as stipulated in Clause 3, Article 34 of the Social Insurance Law.

2. The level of maternity leave benefits for surrogate mothers shall be implemented in accordance with the provisions of Article 39 of the Social Insurance Law and calculated based on the average monthly salary contributions to social insurance of the surrogate mother for the six months prior to taking leave for maternity benefits.

3. If the period of leave for maternity benefits exceeds 14 working days in a month, that month shall be counted as a contribution month for social insurance, during which the surrogate mother and the employer do not need to contribute to social insurance.

4. In cases where the surrogate mother has been demobilized, discharged, or resigned before receiving the child and meets the conditions specified in Clause 2, Article 31 of the Social Insurance Law, she shall be entitled to the maternity leave benefits stipulated in Clauses 1 and 2 of this Article; the period of maternity leave benefits shall not be counted as a contribution month for social insurance.

Article 7. Procedures for female workers who are surrogate mothers and the mother who has requested surrogacy to enjoy maternity benefits

1. Documents for female workers who are surrogate mothers to enjoy maternity benefits when undergoing prenatal checkups, miscarriage, abortion, stillbirth, or pathological termination, include:

a) Original or copy of discharge certificate in cases of inpatient treatment;

b) Certificate of leave with social insurance payment in cases of outpatient treatment.

2. Documents for female workers who are surrogate mothers to enjoy maternity benefits upon childbirth, including:

a) Copy of the agreement on surrogacy for humanitarian purposes as stipulated in Article 96 of the 2014 Law on Marriage and Family; confirmation document of the time of handing over the child between the requesting party and the surrogate mother;

b) Copy of the birth certificate or birth registration of the child;

c) In case the child dies within the period of enjoyment of maternity benefits not exceeding 60 days, there will be an additional copy of the death certificate of the child;

d) In case the child dies after childbirth without being issued a birth registration, there will be an additional copy of the medical record or discharge certificate of the female worker who is the surrogate mother;

đ) In case the female worker who is the surrogate mother dies after childbirth, there will be an additional copy of the death certificate or notice of death of the female worker who is the surrogate mother;

e) In case the female worker who is the surrogate mother must take leave from work to rest during pregnancy according to the prescription of a competent medical facility, there will be an additional certificate from the competent medical facility;

3. Documents for the mother who has requested surrogacy to enjoy maternity benefits when the female worker who is the surrogate mother gives birth, including:

a) Copy of the agreement on surrogacy for humanitarian purposes as stipulated in Article 96 of the 2014 Law on Marriage and Family; confirmation document of the time of handing over the child between the requesting party and the surrogate mother;

b) Copy of the birth certificate or birth registration of the child;

c) In case the mother who has requested surrogacy dies, there will be an additional copy of the death certificate or notice of death;

d) In case the mother who has requested surrogacy is no longer healthy enough to care for the child, there will be an additional certificate from a competent medical facility;

đ) In case the child dies before reaching six months old, there will be an additional copy of the death certificate of the child.

4. In addition to the documents specified in Clause 1, Clause 2, and Clause 3 of this Article, the personnel management agency of the employer shall prepare a list of employees taking leave to enjoy maternity benefits.

5. Documents for the husband to enjoy maternity benefits when the female worker who is the surrogate mother gives birth shall be implemented according to the provisions of Clause 4 of Article 101 of the Social Insurance Law.

6. The resolution of maternity benefits for female workers who are surrogate mothers and the mother who has requested surrogacy shall be carried out according to the provisions of Article 102 of the Social Insurance Law. Specifically as follows:

a) Within forty-five days from the date of returning to work, the employee or the relative of the employee is responsible for submitting the documents specified in Clause 1, Clause 2, Clause 3, or Clause 5 of this Article to the employer.

In case the employee has been demobilized, discharged from military service, or resigned before the date of childbirth or receiving the child, they shall submit the documents and present the social insurance book to the social insurance agency at their place of residence;

b) Within ten days from the date of receiving complete valid documents from the employee or the relative of the employee, the employer is responsible for preparing the documents as specified in Clause 4 of this Article and submitting them to the social insurance agency;

c) Within ten days from the date of receiving complete valid documents, the social insurance agency is responsible for resolving and disbursing to the employee or the relative of the employee. In case the employee has been demobilized, discharged from military service, or resigned before the date of childbirth or receiving the child, within five working days from the date of receiving complete valid documents, the social insurance agency at the employee's place of residence is responsible for resolving and disbursing to the employee or the relative of the employee.

In case the social insurance agency does not resolve, it must reply in writing and clearly state the reasons.

7. Documents and procedures for enjoying post-maternity recuperation benefits for female workers who are surrogate mothers shall be implemented according to the provisions of Article 103 of the Social Insurance Law.

8. The resolution of social insurance benefits delayed compared to the time specified in Clause 6 and Clause 7 of this Article shall be implemented according to the provisions of Article 116 of the Social Insurance Law.

Section 2

RETIREMENT BENEFITS

Article 8. Subjects and Conditions for Monthly Pension Benefits

1. Workers specified in Clauses 1 and 2, Article 2 of this Decree shall be entitled to monthly pension benefits upon retirement if they meet one of the following conditions:

a) Male workers aged 55 years and female workers aged 50 years who have contributed to social insurance for at least 20 years;

b) Male workers aged from 50 to 55 years and female workers aged from 45 to 50 years who have contributed to social insurance for at least 20 years, including at least 15 years working in heavy, hazardous, dangerous, or particularly heavy, hazardous, dangerous jobs listed in the occupational and job categories issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health, or at least 15 years working in areas with regional allowances of factor 0.7 or higher;

c) Workers infected with HIV/AIDS due to occupational accidents or risks while performing tasks assigned by competent authorities, who have contributed to social insurance for at least 20 years, regardless of age.

2. Workers specified in Clause 1, Article 2 of this Decree, who have contributed to social insurance for at least 20 years, shall be entitled to monthly pension benefits upon retirement under the following circumstances:

a) Male military personnel who have served for at least 25 years and female military personnel who have served for at least 20 years in the Military, including at least 5 years of active service, where the Military no longer has a need to assign officers, professional military personnel, defense workers, or defense civil servants, or cannot transfer them to other sectors. The period of service in the Military includes time as officers, professional military personnel, non-commissioned officers, soldiers, defense workers, and defense civil servants, including time when military personnel were transferred to other sectors and then redeployed back to serve in the Military due to mission requirements;

b) Male public security personnel who have served for at least 25 years and female public security personnel who have served for at least 20 years in the Public Security, including at least 5 years of seniority in public security work, where the Public Security no longer has a need to assign or cannot transfer them to other sectors, or they voluntarily request retirement. The period of service in the Public Security includes time as officers, non-commissioned officers in specialized technical positions, non-commissioned officers and conscript soldiers, students receiving living expenses while studying, and public security workers, including time when public security personnel were transferred to other sectors and then redeployed back to serve in the Public Security due to mission requirements;

c) Personnel engaged in cryptographic work who have worked for at least 25 years for male and at least 20 years for female in cryptographic organizations, who have contributed to social insurance, including at least 5 years of cryptographic work, where the cryptographic agency no longer has a need to assign them to cryptographic work or cannot transfer them to other sectors. The period of work in cryptographic organizations includes time spent on cryptographic work, other work in cryptographic organizations, and time as cryptographic students receiving living expenses while studying, including time when cryptographic personnel were transferred to other sectors and then redeployed back to serve in cryptographic forces due to mission requirements.

Article 9. Monthly Pension Rate

The monthly pension rate for workers specified in Clauses 1 and 2, Article 2 of this Decree, according to Article 56 of the Social Insurance Law, is stipulated as follows:

1. The monthly pension rate for military personnel, public security personnel, and personnel engaged in cryptographic work (hereinafter referred to collectively as workers) is calculated as a percentage of the monthly pension rate multiplied by the average monthly salary paid for social insurance contributions.

2. The percentage of the monthly pension rate for workers meeting the conditions for monthly pension benefits as stipulated in Article 54 of the Social Insurance Law is calculated as follows:

a) Workers starting to receive monthly pension benefits during the period from January 1, 2016 to before January 1, 2018, the monthly pension rate is calculated at 45% corresponding to 15 years of social insurance contributions, with an additional 2% for males and 3% for females for each additional year of contribution; the maximum rate is 75%;

b) Female workers starting to receive monthly pension benefits from January 1, 2018 onwards, the monthly pension rate is calculated at 45% corresponding to 15 years of social insurance contributions, with an additional 2% for each additional year of contribution; the maximum rate is 75%;

c) Male workers starting to receive monthly pension benefits from January 1, 2018 onwards, the monthly pension rate is calculated at 45% corresponding to the number of years of social insurance contributions as shown in the table below, with an additional 2% for each additional year of contribution; the maximum rate is 75%:

3. The age mark for calculating the number of years retired early as the basis for reducing the percentage of the monthly pension rate as stipulated in Clause 3, Article 56 of the Social Insurance Law is determined as follows:

a) Workers specified in Point a, Clause 1, Article 8 of this Decree working under normal conditions shall take the age mark for calculation as 55 years old for males and 50 years old for females;

b) Workers specified in Point b, Clause 1, Article 8 of this Decree shall take the age mark for calculation as 50 years old for males and 45 years old for females;

c) In cases where the worker's file does not specify the date of birth, the age calculation basis for retiring early shall be taken as January 1 of the year of birth;

4. The method of reducing the percentage of the monthly pension rate due to retiring early is implemented according to the provisions of Clause 3, Article 56 of the Social Insurance Law.

Article 10. One-time social insurance

1. Workers specified in Clause 1 and Clause 2, Article 2 of this Decree when being discharged from military service, demobilized, or resigning and having a request shall be entitled to one-time social insurance if they fall under one of the following cases:

a) Not meeting the conditions for monthly pension according to Clause 2, Article 54 or Clause 2, Article 55 of the Social Insurance Law or Article 8 of this Decree and not continuing to participate in voluntary social insurance;

b) Meeting the conditions for monthly pension according to Clause 2, Article 54 or Clause 2, Article 55 of the Social Insurance Law or Article 8 of this Decree but leaving the country to settle abroad or suffering from one of the life-threatening diseases such as cancer, paraplegia, cirrhosis, leprosy, severe tuberculosis, HIV/AIDS and other diseases as prescribed by the Ministry of Health.

2. The amount of one-time social insurance benefit is calculated based on the number of years of social insurance contributions, as follows:

a) 1.5 months of the average monthly salary contribution for each year contributed before 2014;

b) 2 months of the average monthly salary contribution for each year contributed from 2014 onwards;

c) In case the time of social insurance contributions is less than one year, the amount of one-time social insurance benefit equals the total amount paid, with a maximum of 2 months of the average monthly salary contribution.

3. The amount of one-time social insurance benefit stipulated in Clause 2 of this Article does not include the amount of state support for voluntary social insurance contributions.

4. The time of entitlement to one-time social insurance benefit is the date recorded in the decision of the employer.

5. The application procedures and settlement of one-time social insurance benefits are carried out in accordance with Article 109 and Clause 3, Clause 4, Article 110 of the Social Insurance Law.

Article 11. Average Monthly Salary Contribution for Calculating Pension and One-time Allowance

The average monthly salary contribution for calculating pension and one-time allowance according to Article 62 of the Social Insurance Law is defined as follows:

1. Workers specified in Clause 1 and Clause 2, Article 2 of this Decree who are subject to state-prescribed salary system and have the entire period of social insurance contributions under this salary system shall calculate the average monthly salary contribution before retirement, discharge, or resignation as follows:

a) Starting social insurance contributions before January 1, 1995, calculate the average monthly salary contribution of the last five years before retirement, discharge, or resignation;

b) Starting social insurance contributions between January 1, 1995 and December 31, 2000, calculate the average monthly salary contribution of the last six years before retirement, discharge, or resignation;

c) Starting social insurance contributions between January 1, 2001 and December 31, 2006, calculate the average monthly salary contribution of the last eight years before retirement, discharge, or resignation;

d) Starting social insurance contributions between January 1, 2007 and December 31, 2015, calculate the average monthly salary contribution of the last ten years before retirement, discharge, or resignation;

đ) Starting social insurance contributions between January 1, 2016 and December 31, 2019, calculate the average monthly salary contribution of the last fifteen years before retirement, discharge, or resignation;

e) Starting social insurance contributions between January 1, 2020 and December 31, 2024, calculate the average monthly salary contribution of the last twenty years before retirement;

g) Starting social insurance contributions from January 1, 2025 onwards, calculate the average monthly salary contribution of the entire period.

2. Workers specified in Clause 1 and Clause 2, Article 2 of this Decree who have periods of social insurance contributions under both the state-prescribed salary system and the employer's salary system shall calculate the average monthly salary contribution of all periods combined. For the period of social insurance contributions under the state-prescribed salary system, calculate the average monthly salary contribution according to Clause 1 of this Article based on the compulsory social insurance start date; if the number of years is insufficient as prescribed in Clause 1 above, calculate the average monthly salary contribution of the months already paid; for the period of social insurance contributions under the employer's salary system, calculate the average monthly salary contribution of the entire period.

3. Workers specified in Clause 1 and Clause 2, Article 2 of this Decree who have transferred to technical staff positions, defense officers, police officers, cryptographic staff or transferred to work in state agencies, political organizations, socio-political organizations, receiving salaries from the state budget or transferred to enterprises under the state-prescribed salary system before retiring shall calculate their pensions as follows:

a) In the case where workers transfer to professions that do not receive job seniority allowances and the monthly salary contribution for calculating pension does not include job seniority allowances, the average monthly salary contribution at the time of retirement plus the job seniority allowance (if received) calculated according to the time served in the military of the officer, professional soldiers of the People's Army and defense officers, or job seniority allowance calculated according to the time worked in cryptographic organizations immediately before transferring, converted according to the salary system prescribed at the time of retirement to serve as the basis for calculating the pension.

b) In cases where workers transfer to industries that are entitled to seniority allowances, and their monthly salary for social insurance contributions already includes such allowances, the average monthly salary for social insurance contributions used to calculate the pension shall be implemented according to the provisions of Clause 1 of this Article.

c) In cases where workers have transferred industries before retiring and their calculated pension according to Points a and b of this Clause at retirement is lower than the pension calculated based on the average monthly salary at the time of transferring industries, they shall use the average monthly salary at the time of transferring industries and convert it according to the salary system at the time of retirement to serve as the basis for calculating the pension.

12. Retirement benefits for workers who previously voluntarily contributed to social insurance before mandatory social insurance contributions

The retirement benefits for workers specified in Clauses 1 and 2 of Article 2 of this Decree, who had previously voluntarily contributed to social insurance under Article 71 of the Social Insurance Law, are stipulated as follows:

1. The period for enjoying retirement benefits is the total period of voluntary social insurance contributions combined with the period of mandatory social insurance contributions.

2. Workers who have a combined total of 20 years or more of voluntary social insurance contributions and mandatory social insurance contributions must meet the age requirement of 55 years old for men and 50 years old for women to receive a pension, except in cases provided for in Clause 5 of this Article.

3. The monthly pension amount is calculated by multiplying the percentage of the monthly pension benefit by the average monthly income and the monthly salary for social insurance contributions as stipulated in Clause 4 of this Article.

4. The average monthly income and monthly salary for social insurance contributions used to calculate the pension and one-time allowance are calculated according to the following formula:

Where:

a) The monthly income for voluntary social insurance contributions is the adjusted monthly income from voluntary social insurance contributions according to the provisions of Clause 2 of Article 79 of the Social Insurance Law;

b) The average monthly salary for mandatory social insurance contributions is calculated according to the provisions of Article 11 of this Decree.

5. Workers who have contributed to mandatory social insurance for at least 20 years must meet the age requirement for receiving a monthly pension according to the provisions of Article 8 of this Decree or Clause 2 of Article 54 or Clause 2 of Article 55 of the Social Insurance Law. The minimum monthly pension is equal to the basic salary level.

6. The one-time allowance upon retirement is calculated according to the provisions of Article 58 of the Social Insurance Law, with each year of social insurance contribution exceeding the corresponding number of years for the maximum 75% monthly pension benefit entitlement being calculated as a one-time allowance of 0.5 months of the average monthly income and monthly salary for social insurance contributions as stipulated in Clause 4 of this Article.

Section 3

FUNERAL BENEFITS REGIME

Article 13. Funeral benefits for dependents of workers who died after contributing to voluntary social insurance

The funeral benefits for dependents of workers specified in Clauses 1 and 2, Article 2 of this Decree who died after contributing to voluntary social insurance according to Article 71 of the Social Insurance Law shall be regulated as follows:

1. The period for receiving funeral benefits is the total time contributed to voluntary social insurance plus the time contributed to mandatory social insurance.

2. The person responsible for burial shall receive a funeral allowance equal to ten times the minimum wage at the time of the worker's death if the worker falls under any of the following circumstances:

a) The worker has contributed to mandatory social insurance for at least twelve months;

b) The total time contributed to mandatory social insurance combined with voluntary social insurance is at least sixty months;

c) The worker died due to a work-related accident, occupational disease, or during treatment for a work-related accident or occupational disease;

d) The worker was receiving a pension or monthly disability benefit due to a work-related accident or occupational disease and had stopped working.

3. If the worker specified in Points a, b, and d of Clause 2 of this Article is declared dead by a court, their dependents shall receive a funeral allowance equal to ten times the minimum wage at the time the court declared the death.

4. In cases where the worker dies under any of the following circumstances, and the dependents meet the conditions stipulated in Clauses 2 and 3 of Article 67 of the Social Insurance Law, they shall receive a monthly survivor's benefit, the amount of which shall be implemented according to the provisions of Article 68 of the Social Insurance Law:

a) Contributed to mandatory social insurance for at least fifteen years;

If the worker is short of up to six months to reach fifteen years of contributions to mandatory social insurance and the dependents wish to receive a monthly survivor's benefit, they may continue to contribute once for the remaining months into the retirement and funeral fund at a monthly contribution rate of twenty-two percent of the monthly salary used for mandatory social insurance contributions before death.

b) Died due to a work-related accident, occupational disease, or during treatment for a work-related accident or occupational disease;

c) Was receiving a monthly disability benefit due to a work-related accident or occupational disease with a reduction in work capacity of at least sixty-one percent;

d) Was receiving a pension and had contributed to mandatory social insurance for at least fifteen years prior to that.

5. Dependents of workers who die and are eligible for a one-time survivor's benefit under any of the following circumstances:

a) The worker's death does not fall under the provisions of Clause 4 of this Article;

b) The worker's death falls under the provisions of Clause 4 of this Article but there are no or no longer any dependents eligible to receive a monthly survivor's benefit according to Clauses 2 and 3 of Article 67 of the Social Insurance Law;

c) Dependents who are eligible for a monthly survivor's benefit according to Clauses 2 and 3 of Article 67 of the Social Insurance Law and wish to receive a one-time survivor's benefit, except in cases where the child is under six years old, or the child, spouse, or partner has a reduction in work capacity of at least eighty-one percent.

6. Amount of one-time survivor's benefit

a) If the worker was participating in mandatory social insurance or preserving time contributed to social insurance and died, the dependents shall receive a one-time survivor's benefit calculated according to Clause 1 of Article 70 of the Social Insurance Law based on the average income and monthly salary used for social insurance contributions as stipulated in Clause 4 of Article 12 of this Decree;

b) If the worker was receiving a pension and died, the dependents shall receive a one-time survivor's benefit calculated according to Clause 2 of Article 70 of the Social Insurance Law;

c) If the worker was receiving a monthly disability benefit due to a work-related accident or occupational disease with a reduction in work capacity of at least sixty-one percent and had not yet received a one-time social insurance benefit, and then died, the dependents shall receive a one-time survivor's benefit as if the worker had preserved time contributed to social insurance;

d) If the worker was receiving a monthly disability benefit due to a work-related accident or occupational disease and had already received a one-time social insurance benefit, and then died, the dependents shall receive a one-time survivor's benefit equivalent to three months of the disability benefit being received.

7. Implementation of monthly survivor's benefits for other family members and one-time survivor's benefits shall be carried out as follows:

a) Other family members specified in Point d of Clause 2 of Article 67 of the Social Insurance Law who have not reached eighteen years of age shall receive a monthly survivor's benefit until they turn eighteen, without requiring a reduction in work capacity of at least eighty-one percent;

b) If the worker dies without dependents as defined in Clause 6 of Article 3 of the Social Insurance Law, the one-time survivor's benefit shall be implemented according to the laws on inheritance;

c) If the worker dies and is eligible for a one-time survivor's benefit, and there are multiple dependents, the dependents must have a written agreement to appoint a representative to receive the benefit.

Chapter III

SOCIAL INSURANCE FUND

Article 14. Contribution Levels and Methods for Social Insurance in the Ministry of National Defense and the Ministry of Public Security

The contribution levels and methods for social insurance under Clause 1, Article 85 and Clause 1, Clause 2, Article 86 of the Social Insurance Law are specified as follows:

1. Workers specified in Clause 1 and Clause 4 (for workers receiving salaries) of Article 2 of this Decree shall contribute 8% of their monthly salary to the retirement and death benefit fund.

2. Employers shall monthly contribute to the total social insurance fund of workers specified in Clause 1 and Clause 4 (for workers receiving salaries) of Article 2 of this Decree, including:

a) Contributing 3% to the sick leave and maternity fund;

b) Contributing 1% to the occupational accident and disease fund;

c) Contributing 14% to the retirement and death benefit fund.

3. Workers specified in Clause 1 and Clause 4 (for workers receiving salaries) of Article 2 of this Decree who do not work and do not receive salary for 14 working days or more in a month shall not make social insurance contributions for that month. This period will not be counted towards social insurance benefits, except in cases of taking leave for maternity benefits.

4. Employers shall compulsorily contribute to social insurance on the basic wage level for workers specified in Clause 2 and Clause 4 (for workers receiving rank allowances or living expenses) of Article 2 of this Decree, including:

a) Contributing 1% to the occupational accident and disease fund;

b) Contributing 22% to the retirement and death benefit fund.

5. Workers specified in Clause 3 of Article 2 of this Decree, if permitted by competent authorities to go abroad under the spouse system at Vietnamese representative offices overseas, shall contribute monthly to the retirement and death benefit fund as follows:

a) Equal to 22% of the worker's monthly compulsory social insurance salary in the month immediately preceding departure for those who have previously participated in compulsory social insurance;

b) Equal to 22% of twice the basic wage level for workers who have not participated in compulsory social insurance or have participated but received a lump-sum social insurance payment.

The agency or unit directly managing workers with spouses or partners shall be responsible each month for collecting the above compulsory social insurance contributions and transferring them into the retirement and death benefit fund of the Social Insurance of the Ministry of National Defense and the Ministry of Public Security according to regulations. At the same time, they shall carry out procedures for registering participation in social insurance as stipulated in Clause 1, Article 97 and Clause 1, Article 99 of the Social Insurance Law.

6. Each month, the Social Insurance of the Ministry of National Defense and the Ministry of Public Security shall be responsible for transferring the entire amount collected above into the social insurance fund managed uniformly by the Vietnam Social Security.

Article 15. Monthly Salary for Compulsory Social Insurance Contributions

The monthly salary for compulsory social insurance contributions for workers specified in Clause 1 and Clause 2 of Article 2 of this Decree, according to Article 89 of the Social Insurance Law, is specified as follows:

1. For workers specified in Clause 1 of Article 2 of this Decree, the monthly salary for social insurance contributions is the salary based on rank, grade, and various allowances for position, seniority, and exceeding the framework (if applicable). This salary is calculated based on the basic wage level set by the Government at each stage.

2. In the case where workers specified in Clause 1 of Article 2 of this Decree are assigned by competent authorities to work at organizations outside the military, public security, or confidential services while still being managed by their original agencies or units, the monthly salary for social insurance contributions shall be implemented according to the provisions of Clause 1 of this Article.

3. In the case where workers specified in Clause 1 of Article 2 of this Decree hold leadership positions in one agency or unit within the military, public security, or confidential services, and are concurrently elected or appointed to leadership positions in other agencies or units (both inside and outside the military, public security, or confidential services), they shall enjoy concurrent allowance according to the law on wages. The monthly salary for social insurance contributions shall be implemented according to the provisions of Clause 1 of this Article.

4. For workers specified in Clause 2 of Article 2 of this Decree, the monthly salary for social insurance contributions is calculated based on the basic wage level set by the Government at each stage.

Article 16. Collection and Payment of Mandatory Social Insurance Contributions

Collection and payment of monthly wages for mandatory social insurance contributions according to Clause 4, Article 89 of the Social Insurance Law for employees and employers, except for cases stipulated in Clause 3, Article 122 of the Social Insurance Law, shall be regulated as follows:

1. Collection and payment of mandatory social insurance contributions for employees whose monthly wages have been adjusted and increased shall be regulated.

2. The amount of collected and paid mandatory social insurance contributions for the case stipulated in Clause 1 of this Article shall not accrue late payment interest.

In cases where six months have passed from the date the adjustment of monthly wages for mandatory social insurance contributions for employees becomes effective or when contributions are newly made, the amount of paid social insurance contributions shall include the amount of mandatory social insurance contributions due and late payment interest on the amount due. The rate of late collection and payment interest for social insurance contributions shall be calculated based on the average investment return rate of the social insurance fund of the preceding year. The Vietnam Social Security shall annually publish the investment return rate of the social insurance fund.

7. Annually, the Vietnam Social Security has the responsibility to announce the investment return rate of the social insurance fund.

3. Employers are responsible for fully paying mandatory social insurance contributions, including late payment interest as prescribed, for employees who meet the conditions to enjoy social insurance benefits to promptly settle social insurance entitlements for employees.

Article 17. Suspension of Mandatory Social Insurance Contributions

Suspension of mandatory social insurance contributions according to Article 88 of the Social Insurance Law shall be regulated as follows:

1. Enterprises under the Ministry of National Defense and the Ministry of Public Security may suspend contributions to the pension and death benefit fund in the following cases:

a) Temporary cessation of production and business operations for one month or more due to difficulties arising from restructuring, technological changes, economic crises, or downturns, or implementing state policies for economic restructuring or international commitments;

b) Difficulties caused by natural disasters, fires, epidemics, or crop failures.

2. Conditions for suspending contributions to the pension and death benefit fund

Employers falling under any of the cases stipulated in Clause 1 of this Article may suspend contributions to the pension and death benefit fund if they meet any of the following conditions:

a) Unable to provide employment for employees, with the number of employees participating in mandatory social insurance temporarily laid off accounting for 50% or more of the total number of employees present before the cessation of production and business operations;

b) Suffering losses exceeding 50% of the total value of assets due to natural disasters, fires, epidemics, or crop failures (excluding the value of land assets).

3. Duration of suspension of contributions to the pension and death benefit fund

a) The duration of suspension of contributions to the pension and death benefit fund is determined in months and shall not exceed twelve months. During the period of suspension of contributions, employers must still pay into the sick leave and maternity fund and the occupational accident and occupational disease fund;

During the suspension period, if employees meet the conditions to receive pension or death benefits, then employees or their dependents and employers must make up payments for the suspended period to settle benefits for employees or their dependents during the suspension period;

b) Upon expiration of the suspension period as prescribed in Point a of this Clause, employers and employees must continue to pay social insurance contributions and make up for the suspended period. The amount of makeup contributions shall not accrue late payment interest as prescribed in Clause 3, Article 122 of the Social Insurance Law.

4. The Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security shall handle the suspension of contributions to the pension and death benefit fund for employees and employers meeting the conditions stipulated in Clauses 1, 2, and 3 of this Article. The suspension period of contributions to the pension and death benefit fund shall start from the month when the Social Security of the Ministry of National Defense or the Social Security of the Ministry of Public Security receives the employer's request letter stamped by the post office or military mail.

5. Suspension of social insurance contributions for employees participating in mandatory social insurance as stipulated in Clause 1 and Clause 2 of Article 2 of this Decree who are temporarily detained shall be implemented as follows:

a) Employees as stipulated in Clause 1 and Clause 2 of Article 2 of this Decree who are temporarily detained may suspend social insurance contributions;

b) After the detention period, if the competent authority determines that the employee is innocent or wrongfully detained, then the employee and the employer must make up social insurance contributions for the detention period; the amount of makeup contributions shall not accrue late payment interest as prescribed in Clause 3, Article 122 of the Social Insurance Law;

c) If the competent authority determines that the employee is guilty, then there will be no makeup social insurance contributions for the detention period.

6. The Minister of National Defense and the Minister of Public Security shall specify the authority, procedures, and formalities for determining the number of employees temporarily laid off and the value of assets damaged as stipulated in Clause 2 of this Article.

Article 18. Use of the Social Insurance Fund

The use of the Social Insurance Fund under Article 84 of the Social Insurance Law is specified as follows:

1. The portion of the Social Insurance Fund managed by the Vietnam Social Security and transferred to the Ministry of National Defense Social Security and the Ministry of Public Security Social Security for payment of mandatory social insurance benefits as stipulated in Chapter III of the Social Insurance Law for workers serving in the military, police, cryptologic services, including:

a) Illness benefit;

b) Maternity benefit;

c) Work injury and occupational disease benefits;

d) One-time retirement allowance and one-time social insurance benefit;

đ) Funeral expenses and one-time pension allowance;

e) Payment of examination fees for assessing work capacity reduction for cases not referred by the employer for such assessment but whose results meet the conditions for receiving social insurance benefits;

g) Payment of health insurance premiums for workers participating in social insurance who take leave to receive maternity benefits upon childbirth or adoption of a child under six months old or sick leave due to illness listed in the long-term treatment directory issued by the Ministry of Health.

2. Management costs for social insurance work within the Ministry of National Defense and the Ministry of Public Security, including:

a) Investment development and regular expenses of the Ministry of National Defense Social Security and the Ministry of Public Security Social Security, which are guaranteed by the Ministry of National Defense and the Ministry of Public Security within the annual state budget allocation;

b) Support for management costs according to the Prime Minister's Decision on financial management for the Vietnam Social Security.

3. The Ministry of National Defense Social Security and the Ministry of Public Security Social Security shall implement statistical, accounting, settlement, and finalization procedures with the Vietnam Social Security in accordance with current regulations.

Chapter IV

IMPLEMENTATION OF SOCIAL INSURANCE IN THE MINISTRY OF NATIONAL DEFENSE AND THE MINISTRY OF PUBLIC SECURITY

  IN THE MINISTRY OF NATIONAL DEFENSE AND THE MINISTRY OF PUBLIC SECURITY

Article 19. Social Security Agencies in the Ministry of National Defense and the Ministry of Public Security

Social Security Agencies in the Ministry of National Defense and the Ministry of Public Security under Clause 2 of Article 93 of the Social Insurance Law are defined as follows:

1. The Ministry of National Defense Social Security and the Ministry of Public Security Social Security are agencies under the Ministry of National Defense and the Ministry of Public Security responsible for organizing and implementing mandatory social insurance, health insurance, and unemployment insurance policies for workers serving in the Ministry of National Defense and the Ministry of Public Security (including workers as prescribed in Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing certain provisions of the Social Insurance Law on mandatory social insurance), health insurance for family members of military personnel, public security officers, and cryptologic service staff; managing the portion of the mandatory social insurance, health insurance, and unemployment insurance funds used within the Ministry of National Defense and the Ministry of Public Security.

2. The Minister of National Defense and the Minister of Public Security shall specify the tasks, powers, organizational structure, and working relationships of the Ministry of National Defense Social Security and the Ministry of Public Security Social Security.

3. The Ministry of National Defense Social Security and the Ministry of Public Security Social Security shall be subject to the guidance and direction of the Vietnam Social Security regarding business operations as prescribed.

Article 20. Tasks of Organizing and Implementing Social Insurance in the Ministry of National Defense and the Ministry of Public Security The Ministry of National Defense and the Ministry of Public Security are responsible for organizing and implementing social insurance as stipulated in Articles 22 and 23 of the Social Insurance Law, with the following main contents:

1. Developing long-term, medium-term, and annual social insurance work plans within the Ministry of National Defense and the Ministry of Public Security.

2. Annually preparing plans for social insurance revenue and expenditure and settling social insurance revenue and expenditure with units within the Ministry of National Defense and the Ministry of Public Security and the Vietnam Social Security.

3. Promoting and disseminating policies and laws on social insurance, health insurance, and unemployment insurance within the Ministry of National Defense and the Ministry of Public Security.

4. Directly collecting social insurance, health insurance, and unemployment insurance premiums from workers in agencies, units, enterprises, and public institutions under the Ministry of National Defense and the Ministry of Public Security as prescribed, and submitting them to the Vietnam Social Security; organizing the management of the social insurance fund used within the Ministry of National Defense and the Ministry of Public Security to ensure timely and full implementation of social insurance benefits for workers while they are employed and before they retire or change careers.

5. Issuing social insurance books and health insurance cards to workers in agencies, units, enterprises, and public institutions under the Ministry of National Defense and the Ministry of Public Security; confirming and preserving social insurance contribution periods when they stop working without receiving a one-time social insurance benefit. Issuing health insurance cards to family members of military personnel, public security officers, and civil servants working in the military.

6. Receiving and reviewing social insurance and health insurance files; resolving social insurance and health insurance benefits for workers in agencies, units, enterprises, and public institutions under the Ministry of National Defense and the Ministry of Public Security; referring them to social insurance agencies in provinces and cities to receive monthly pensions, monthly work injury and occupational disease allowances, or monthly survivor benefits for their dependents.

7. Applying information technology in managing social insurance, health insurance, and unemployment insurance participants; storing the records of social insurance, health insurance, and unemployment insurance participants in accordance with the law.

8. Conducting statistical and financial accounting work on social insurance, health insurance, and unemployment insurance.

9. Promptly resolving complaints and reports related to social insurance within the Ministry of National Defense and the Ministry of Public Security. Inspecting and supervising the implementation of social insurance, health insurance, and unemployment insurance for individuals and agencies, units, enterprises, and public institutions under the Ministry of National Defense and the Ministry of Public Security.

10. Providing relevant information and materials on social insurance, health insurance, and unemployment insurance for workers, employers, and competent state agencies.

11. Performing other rights and responsibilities as prescribed by laws on social insurance, health insurance, and unemployment insurance.   

11. Implement other rights and obligations as prescribed by laws on social insurance, health insurance, and unemployment insurance.

Article 21. Responsibilities of the Vietnam Social Security towards the Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security The Vietnam Social Security shall have the following responsibilities towards the Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security:

1. Directing, guiding on professional and business matters, and coordinating with the Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security to manage the implementation of social insurance work within the Ministry of National Defense and the Ministry of Public Security.

2. Transfer funds for implementing payments of social insurance benefits, health insurance; management fees for social insurance, health insurance, unemployment insurance; conduct reviews and issue annual settlement notifications to the Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security in accordance with the Prime Minister's regulations on financial management of social insurance for the Vietnam Social Security.

Chapter V

PROCEDURES FOR PARTICIPATION IN SOCIAL INSURANCE

Article 22. Social Insurance Books, Registration Documents, and Issuance of Social Insurance Books

1. A social insurance book is issued to each worker to monitor contributions and entitlements to social insurance benefits and serves as the basis for resolving social insurance issues for each individual. By 2020, the social insurance book will be replaced by a social insurance card.

2. The registration documents and issuance procedures for social insurance books for workers as stipulated in Clause 2, Article 2 of this Decree shall be carried out as follows:

a) Initial registration documents for social insurance include:

- An application form for social insurance participation by the worker;

- An application form for social insurance participation accompanied by a list of workers participating in social insurance prepared by the employer.

b) Reissue documents for social insurance books in cases of damage, loss, or information adjustment include:

- A request for reissuing a social insurance book accompanied by a form providing and changing information on social insurance participation by the worker;

- The damaged social insurance book.

3. The process and time limit for initial social insurance registration shall be carried out as follows:

a) Students at police academies or secretarial schools who are currently receiving living expenses or during their military service or public security service and wish to obtain a social insurance book, the employer shall prepare the registration documents as stipulated in Point a, Clause 2, Article 2 of this Decree and submit them to the Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security;

b) Within twenty days from the date of receipt of complete documents as prescribed, the Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security shall be responsible for issuing social insurance books to workers.

4. The process and time limit for reissuing social insurance books in cases of damage, loss, or information adjustment shall be carried out as follows:

a) In cases of damage, loss of the social insurance book, or need for information adjustment, the worker shall submit the reissue documents for the social insurance book as stipulated in Point b, Clause 2, Article 2 of this Decree to the employer;

b) The employer shall be responsible for reviewing and submitting the reissue documents for the social insurance book of the worker to the Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security;

c) Within fifteen days from the date of receipt of complete documents submitted by the employer for reissuing the social insurance book, the Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security shall complete the reissuing of the social insurance book for the worker; if the verification of the worker's social insurance contribution period is complex, it shall not exceed forty-five days;

d) Within ten days from the date of receipt of complete documents submitted by the employer for information adjustment, the Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security shall complete the reissuing of the social insurance book for the worker.

5. If a social insurance book is not issued to a worker participating in social insurance for the first time or if the reissuing of a social insurance book is not resolved in cases of damage, loss, or information adjustment, the Social Security of the Ministry of National Defense and the Social Security of the Ministry of Public Security must provide a written response and clearly state the reasons.

 

Chapter VI

IMPLEMENTING PROVISIONS

Article 23. Transitional Provisions

1. Workers currently receiving monthly pension, disability benefits, or occupational disease benefits; workers whose social insurance benefits have been suspended due to violations of the law, and dependents currently receiving monthly survivor benefits of workers who died before January 1, 2016 shall continue to implement social insurance benefits according to previous regulations and have their benefit levels adjusted according to government regulations at each stage. In cases where workers were receiving monthly pension, disability benefits, or occupational disease benefits before January 1, 2016 and died from January 1, 2016 onwards, the death benefit provisions under Section 5, Chapter III of the Social Insurance Law shall apply upon death.

2. Workers who died before January 1, 2016, or workers who suffered workplace accidents or occupational diseases and were discharged from hospital or completed outpatient treatment before January 1, 2016 but had their death benefits or workplace accident and occupational disease benefits resolved from January 1, 2016 onwards shall be implemented according to previous regulations and have their benefit levels adjusted according to government regulations at each stage. Workers who suffered workplace accidents or occupational diseases and were discharged from hospital or completed outpatient treatment from January 1, 2016 onwards shall have their workplace accident and occupational disease benefits resolved according to the provisions of Section 3, Chapter III of the Social Insurance Law.

3. Workers who received one-time or monthly disability benefits or occupational disease benefits before January 1, 2016, and from January 1, 2016 onwards, if old injuries or occupational diseases recur or new workplace accidents or occupational diseases occur, they shall be reassessed or comprehensively assessed for the degree of reduced working capacity according to Article 45 of the Social Insurance Law and shall have their workplace accident and occupational disease benefits implemented according to the provisions of Section 3, Chapter III of the Social Insurance Law.

4. Workers who have preserved the time for social insurance contributions before January 1, 2016 shall, when settling retirement benefits or one-time social insurance benefits or survivor benefits from January 1, 2016 onwards, be subject to the provisions set forth in Section 4 and Section 5 of Chapter III of the Social Insurance Law, to be resolved by the provincial or centrally-administered municipal social insurance agency where the worker resides legally.

5. Workers who contributed to social insurance according to the state-prescribed salary system before October 1, 2004, and enjoy social insurance from January 1, 2016 onwards, the monthly salary used as the basis for calculating retirement pay, one-time social insurance benefits, and one-time survivor benefits shall be adjusted according to the salary system prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, and armed forces personnel, and Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government on the wage scale and salary system in state-owned enterprises.

6. Workers specified in Clause 1 and Clause 2 of Article 2 of this Decree who retire and meet the conditions for monthly pension benefits, or one-time social insurance benefits, or die from January 1, 2016 onwards, and had social insurance contribution periods including regional allowances before January 1, 2007; those currently receiving monthly old-age pensions, work injury benefits, or occupational disease benefits before January 1, 2016, and receiving regional allowances at their registered permanent residence address with regional allowances, shall continue to receive regional allowance benefits once or monthly from January 1, 2016 onwards, in accordance with Article 21 of Section 4 of Chapter IV of Decree No. 115/NĐ-CP dated November 11, 2015 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law on mandatory social insurance.

7. Workers specified in Clause 1 and Clause 2 of Article 2 of this Decree, while performing duties and being injured or sacrificing their lives, recognized by competent authorities as war invalids or persons entitled to preferential policies like war invalids, or martyrs, in addition to enjoying preferential policies for persons with meritorious service guaranteed by the state budget, shall also implement work injury and death benefits as stipulated in Section 3 and Section 5 of Chapter III of the Social Insurance Law.

8. Workers specified in Clause 1 and Clause 2 of Article 2 of this Decree, upon discharge, demobilization, and being decided by competent authorities to receive disability benefits, in addition to enjoying disability benefits guaranteed by the state budget in accordance with the Preferential Treatment Ordinance, shall also receive one-time social insurance benefits from the social insurance fund as stipulated in Point d of Clause 4 of Section 3 of Chapter III of the Social Insurance Law. Those currently receiving disability benefits, subsequently engaging in work with mandatory social insurance contributions, in addition to disability benefits received according to regulations, shall also enjoy social insurance benefits for subsequent working periods with social insurance contributions; the working period already counted for disability benefits will not be counted again for future social insurance benefits.

9. Workers specified in Clause 1 and Clause 2 of Article 2 of this Decree, who were discharged, demobilized, or retired before December 15, 1993, then transferred to work with mandatory social insurance contributions at state agencies, units, state-owned enterprises, receiving salaries from the state budget or enterprises under various economic sectors (including workers at commune health stations, kindergarten teachers, or holders of positions at communes, wards, towns before January 1, 1995, which have been counted as social insurance contribution periods), and individuals hiring or using labor without enjoying benefits under any of the following provisions, may combine their previous military, police, or telegraph service periods with subsequent working periods with social insurance contributions to calculate social insurance benefits:

a) Decision No. 47/2002/QĐ-TTg dated April 11, 2002 of the Prime Minister on the treatment of military personnel and defense industry workers participating in the resistance against France who were discharged (demobilized, retired) before December 31, 1960;

b) Point a of Clause 1 of Article 1 of Decision No. 290/2005/QĐ-TTg dated November 8, 2005 of the Prime Minister on the treatment and policies for certain individuals directly participating in the resistance against the United States but not yet enjoying state policies;

c) Decision No. 92/2005/QĐ-TTg dated April 29, 2005 of the Prime Minister on implementing the treatment of ethnic minority military personnel from Military Zones 7 and 9 participating in the resistance against the United States, returning to their home areas before January 10, 1982;

d) Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister on implementing the treatment of military personnel participating in the resistance against the United States with less than 20 years of service in the military who were discharged, demobilized, and returned to their home areas (hereinafter referred to as Decision No. 142/2008/QĐ-TTg);

đ) Decision No. 38/2010/QĐ-TTg dated May 6, 2010 of the Prime Minister on amending and supplementing Decision No. 142/2008/QĐ-TTg;

e) Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister on the treatment of public security officers participating in the resistance against the United States with less than 20 years of service in the public security force who have retired, demobilized, and returned to their home areas;

g) Decision No. 62/2011/QĐ-TTg dated November 9, 2011 of the Prime Minister on the treatment and policies for individuals participating in wars to protect the country and international missions in Cambodia and assistance to Laos after April 30, 1975 who were discharged, demobilized, or retired.

In cases where military personnel and public security officers were discharged, demobilized, or retired from December 15, 1993 to December 31, 1994, and have not settled discharge, demobilization, or retirement allowances or one-time allowances, or one-time social insurance benefits, the time spent in the military or public security service shall be counted towards social insurance benefits.

10. Workers specified in Clause 1 and Clause 2 of Article 2 of this Decree who are assigned by agencies and units to work, study, or engage in international cooperative labor for a limited period abroad, have legally exited the country, returned on time or not on time but their former agencies and units were unable to arrange employment, and continue to participate in mandatory social insurance upon returning to the country shall be considered and resolved as follows:

a) The period of working domestically before going abroad for work, study, or labor and the period spent abroad within the permitted timeframe prior to January 1, 1995, if not yet settled with severance pay, lump-sum compensation, demobilization allowance, discharge allowance, or one-time social insurance, shall be counted towards retirement benefits or survivor benefits. Calculation of the period of work prior to January 1, 1995, for social insurance benefits shall be carried out according to the provisions of Clause 9 of this Article;

b) The period of work from January 1, 1995 onwards, if social insurance contributions have been made in accordance with the laws on social insurance without receiving one-time social insurance benefits or demobilization, discharge, or termination allowances, shall be counted towards social insurance benefits;

c) In cases where violations of the law abroad result in expulsion, disciplinary measures requiring return, or imprisonment prior to January 1, 1995, such individuals do not fall under the application of the provisions of Point a and Point b of this Clause.

11. In cases where a social insurance book is issued or when retirement or survivor benefits are processed for workers who have not been issued a social insurance book and there is no original file showing the work history prior to January 1, 1995, a written statement from the head of the agency or unit directly managing the worker must explain the reasons for the loss, confirm the work history with social insurance contributions, and bear legal responsibility for those confirmations, accompanied by relevant documents regarding the work period with social insurance contributions, job nature, salary progression, non-receipt of demobilization, discharge, or termination allowances, one-time social insurance benefits; report to the Ministry of National Defense, the Ministry of Public Security, and send to the Ministry of Labor, Invalids, and Social Affairs for consideration and decision.

If the agency or unit directly managing the worker merges, consolidates, or dissolves, the newly established agency or unit or the higher-level agency or unit shall be responsible for carrying out the above tasks in accordance with the regulations.

12. For cases where workers are sentenced to imprisonment from January 1, 1995 onwards, illegally exit the country, or are declared missing by a court, after completing the prison sentence or legally returning to settle in the country or being declared missing and returning, if they have not been settled with social insurance benefits for the period prior to participating in social insurance, the former agency or unit shall be responsible for reporting to the Social Insurance of the Ministry of National Defense, the Social Insurance of the Ministry of Public Security to issue a social insurance book (if not yet issued) and resolve retirement benefits or one-time social insurance benefit or retain the previous work period, introduce to the social insurance of the province or centrally administered city where they reside legally to accept and process benefits according to the laws on social insurance.

13. Social Insurance of provinces and centrally administered cities shall be responsible for implementing social insurance benefits prescribed in Chapter III of the Law on Social Insurance and this Decree for personnel working in confidential organizations under ministries, sectors, and localities (excluding personnel working in confidential organizations under the Ministry of National Defense and the Ministry of Public Security).

14. Annually, the State transfers a portion of funds from the budget into the mandatory social insurance fund managed by the Vietnam Social Security to ensure sufficient pensions, social insurance benefits, and health insurance for the subjects specified in Clause 1 and Clause 2 of Article 2 of this Decree who were receiving monthly pensions and social insurance benefits before January 1, 1995.

Article 24. Effective Date

1. This Decree takes effect from June 26, 2016.

2. The policies and mechanisms stipulated in this Decree shall be implemented from January 1, 2016.

3. The following documents shall cease to be effective from January 1, 2016:

a) Decree No. 68/2007/ND-CP dated April 19, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Social Insurance concerning mandatory social insurance for military personnel, public security personnel, and personnel engaged in confidential work with salaries equivalent to those of military personnel and public security personnel (hereinafter referred to as Decree No. 68/2007/ND-CP);

b) Decree No. 153/2013/ND-CP dated November 8, 2013 of the Government amending and supplementing certain provisions of Decree No. 68/2007/ND-CP.

Article 25. Responsibilities for Implementation

1. The Minister of National Defense shall take the lead and coordinate with the Ministers of Public Security and Labor, Invalids, and Social Affairs to guide the implementation of this Decree.

2. The Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally administered cities shall be responsible for implementing this Decree./.