Decision No. 41/2009/QĐ-TTg stipulates the transfer of the Farmers' Social Insurance of Nghệ An to Voluntary Social Insurance for workers currently participating in the Farmers' Social Insurance of Nghệ An who wish to switch or stop participation. This decision also adjusts one-time allowances and retirement benefits for workers who do not continue to participate in Voluntary Social Insurance.
Đối tượng áp dụng
Workers currently participating in the Farmers' Social Insurance of Nghệ An who wish to switch or stop participation, and retirees currently receiving benefits from the Farmers' Social Insurance of Nghệ An fund.
Các điểm cốt lõi
- Workers specified in Clause 1, Article 2 may convert their social insurance contribution period and amount under the Farmers' Social Insurance of Nghệ An to the Voluntary Social Insurance contribution period and amount based on the ratio between the amount contributed to the Farmers' Social Insurance of Nghệ An and the product of the percentage of voluntary social insurance contributions into the pension and death benefit fund and the minimum wage.
- Workers who do not implement the conversion shall retain their participation period in the Farmers' Social Insurance of Nghệ An as the participation period in the Voluntary Social Insurance.
- Workers specified in Clause 2, Article 2 have the right to stop participating in social insurance to receive one-time allowance according to the provisions of the Farmers' Social Insurance of Nghệ An Charter.
- Retirees currently receiving benefits from the Farmers' Social Insurance of Nghệ An fund continue to receive monthly allowances, with the level adjusted according to government regulations and are entitled to health insurance; upon death, they will be subject to the death benefit regime.
- The Vietnam Social Security leads and guides the Nghệ An Province Social Security to organize the implementation of tasks related to the conversion.
🌐 Tác động xã hội từ văn bản này
- Citizens have additional options to join the Voluntary Social Insurance with many benefits regarding contribution periods and amounts.
- Enterprises reduce costs for workers who do not continue to participate in the Farmers' Social Insurance of Nghệ An.
- Creating opportunities for workers to switch regimes to better suit personal needs.
❓ Câu hỏi thường gặp
How do workers transfer to Voluntary Social Insurance?
Workers currently participating in the Farmers' Social Insurance of Nghệ An who wish to switch to Voluntary Social Insurance according to the Social Insurance Law, specifically through the conversion of contribution periods and amounts.
Can workers who do not continue to participate in Voluntary Social Insurance receive one-time allowance?
Yes, workers specified in Clause 2, Article 2 of this Decision are entitled to one-time allowance according to the provisions of the Farmers' Social Insurance of Nghệ An Charter.
Do retirees currently receiving benefits from the Farmers' Social Insurance of Nghệ An fund continue to receive monthly allowances?
Yes, retirees continue to receive monthly allowances at the current level, which will be adjusted according to government regulations.
What is the maximum catch-up period for the conversion?
The maximum number of months of catch-up contributions equals the difference between the number of months contributed to the Farmers' Social Insurance of Nghệ An and the converted number of months to Voluntary Social Insurance, implemented in 2009.
Can workers who do not continue to participate in Voluntary Social Insurance receive death benefit when deceased?
Yes, workers specified in Clause 3, Article 2 of this Decision are entitled to death benefit according to the provisions of the Farmers' Social Insurance of Nghệ An Charter.
Toàn văn
|
PRIME MINISTER |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 41/2009/QĐ-TTg |
Hanoi, March 16, 2009 |
Pursuant to …;
Regarding the transfer of Agricultural Workers' Social Insurance in Nghe An Province to Voluntary Social Insurance
________________
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Social Insurance Law dated June 29, 2006;
Considering the proposal of the Minister of Labor, Invalids and Social Affairs, and the Chairman of the People's Committee of Nghe An Province,
DECISION:
Article 1. Scope of Regulation
This Decision stipulates the transfer of Agricultural Workers' Social Insurance in Nghe An Province to Voluntary Social Insurance as prescribed by the Social Insurance Law.
Article 2. Applicability
1. Workers currently participating in Agricultural Workers' Social Insurance in Nghe An Province who wish to transfer to participate in Voluntary Social Insurance as prescribed by the Social Insurance Law.
2. Workers currently participating in Agricultural Workers' Social Insurance in Nghe An Province who wish to stop participating in social insurance to receive a one-time benefit payment.
3. Retirees currently receiving pension benefits from the Agricultural Workers' Social Insurance Fund in Nghe An Province.
Article 3. Implementation of the conversion of time and contribution levels for Agricultural Workers' Social Insurance in Nghe An Province to Voluntary Social Insurance
1. The implementation of the conversion of time and contribution levels for Agricultural Workers' Social Insurance of workers as stipulated in Clause 1, Article 2 of this Decision shall be carried out as follows:
a) The period of participation in Voluntary Social Insurance converted from the period of participation in Agricultural Workers' Social Insurance shall be calculated based on the ratio between the amount of contributions made to Agricultural Workers' Social Insurance that year and the product of the percentage of voluntary contributions to the retirement and death benefit fund and the minimum wage at the time of contribution to Agricultural Workers' Social Insurance; the maximum period shall be equal to the actual period of participation in Agricultural Workers' Social Insurance.
b) Additional contributions may be made to cover the shortfall due to the conversion. The maximum number of months for additional contributions shall be the difference between the number of months of contributions to Agricultural Workers' Social Insurance and the number of months converted to Voluntary Social Insurance. The amount of each additional contribution month shall be calculated according to the provisions of Clause 1, Article 100 of the Social Insurance Law. Additional contributions shall be made in 2009.
2. In cases where workers do not implement the conversion as prescribed in Clause 1 of this Article, the period of participation in Agricultural Workers' Social Insurance shall be preserved as the period of participation in Voluntary Social Insurance.
Monthly contributions to Agricultural Workers' Social Insurance shall serve as the basis for determining the monthly income for contributions to Voluntary Social Insurance.
Article 4. One-time allowance for workers who do not continue to participate in Voluntary Social Insurance
Workers as stipulated in Clause 2, Article 2 of this Decision shall receive a one-time allowance according to the regulations of the Agricultural Workers' Social Insurance Charter.
Article 5. Allowance for retirees currently receiving pension benefits from the Agricultural Workers' Social Insurance Fund as stipulated in Clause 3, Article 2 of this Decision
1. Retirees currently receiving pension benefits as stipulated in Clause 3, Article 2 of this Decision shall continue to receive monthly allowances at their current level. This level shall be adjusted according to the regulations of the Government.
2. They shall enjoy health insurance; upon death, they shall be entitled to funeral benefits according to the regulations of the Agricultural Workers' Social Insurance Charter.
Article 6. Implementation Organization
1. The Ministry of Labor, Invalids and Social Affairs shall guide the implementation of the provisions of Articles 2, 3, 4, and 5 of this Decision.
2. The Ministry of Finance shall guide the transfer of the Agricultural Workers' Social Insurance Fund to the Voluntary Social Insurance Fund managed by the Vietnam Social Security.
3. The Ministry of Home Affairs shall guide the transfer of staffing and provincial and district-level personnel of the Agricultural Workers' Social Insurance in Nghe An Province to the Nghe An Social Security under the management of the Vietnam Social Security.
4. The Vietnam Social Security shall take the lead and guide the Nghe An Social Security to organize the implementation of the following tasks:
a) Registering participants for social insurance, issuing social insurance books, and implementing the provisions of Article 3 of this Decision;
b) Paying one-time allowances as prescribed in Article 4 of this Decision;
c) Paying monthly allowances to the subjects as prescribed in Article 5 of this Decision;
d) Receiving the Agricultural Workers' Social Insurance Fund in Nghe An Province according to the guidance of the Ministry of Finance in Clause 2 of this Article;
đ) Receiving personnel according to the guidance of the Ministry of Home Affairs in Clause 3 of this Article.
5. The People's Committee of Nghe An Province shall be responsible for:
a) Issuing a decision to terminate the operations of the Agricultural Workers' Social Insurance in Nghe An Province; transferring the Agricultural Workers' Social Insurance Fund according to the provisions of point d, Clause 4 of this Article; transferring relevant files and documents related to contributions and benefits of participants;
b) Directing the Department of Labor, Invalids and Social Affairs, the social security agency, and the propaganda agencies in the province to widely publicize the implementation of the transfer of Agricultural Workers' Social Insurance in Nghe An Province to Voluntary Social Insurance according to the provisions of this Decision;
c) Arranging, utilizing, and implementing labor policies for Agricultural Workers' Social Insurance personnel in Nghe An Province whom the Nghe An Social Security does not need to accept.
Article 7. Implementation Provisions
This Decision shall take effect 45 days from the date of issuance.
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Place of Receipt: |
DEPUTY PRIME MINISTER |
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