Circular No. 96/2014/TT-BQP guiding the files, procedures, and responsibilities for enjoying social insurance benefits in the Military

CIRCULAR

Guidelines on , process, formalities prescribed in , procedure and responsibilities handling

social insurance regimes in the Military

_________________

 

Law on Social Insurance dated June 29, 2006;

Decree No. 152/2006/NĐ-CP dated December 22, 2006 of the Government guiding certain provisions of the Law on Social Insurance regarding mandatory social insurance;

Decree No. 68/2007/NĐ-CP dated April 19, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Social Insurance regarding mandatory social insurance for military personnel, public security officers, and civil servants enjoying the same salary as military personnel and public security officers, which has been amended and supplemented by some articles in Decree No. 153/2013/NĐ-CP dated November 8, 2013 of the Government;

Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Director of the Political General Department,

The Minister of National Defense guides on the files, procedures, and responsibilities for resolving social insurance benefits in the Military as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on the files, procedures, and responsibilities for resolving sickness, maternity, work injury, occupational disease, retirement, and death benefits in the Military.

Article 2. Scope of Application

This Circular applies to:

1. Military personnel, individuals performing confidential work with salaries equivalent to those of military personnel and public security officers, defense industry workers, and contractual employees (hereinafter collectively referred to as workers); agencies, units, enterprises (hereinafter collectively referred to as employers).

2. Relatives of workers participating in mandatory social insurance, individuals participating in voluntary social insurance; retirees under Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on implementing the retirement regime for military personnel directly involved in the resistance war against America to save the country from April 30, 1975, and earlier who have served at least 20 years in the Military and have been discharged, Decree No. 23/2012/NĐ-CP dated April 3, 2012 of the Government on certain benefits for individuals participating in wars to protect the country and international missions in Cambodia and assistance to Laos after April 30, 1975 who have served at least 20 years in the Military and Public Security and have been discharged, Decision No. 107/2007/QĐ-TTg dated July 13, 2007 of the Prime Minister on calculating time for receiving social insurance benefits for cadres, civil servants, public officials, workers, military personnel, and public security officers belonging to state agencies, political organizations, social-political organizations, state-owned enterprises, and armed forces units who have legally left the country but did not return within the specified period.

3. Individuals and organizations related to the establishment of files for resolving social insurance benefits in the Military.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Place of residence means a legal place of residence according to the law (place of permanent registration or temporary registration). At any given time, a person can only reside at a place of permanent registration or a place of temporary registration.

2. Copy, excerpt copy of file

a) Copy means a copy certified by an authorized agency from the original book or copied from the original according to the law;

b) Excerpt copy means a copy extracted from the original by an authorized agency according to the law;

c) Any documents mentioned in this Circular, if not specified as copies, excerpt copies, or photocopies, are originals.

3. Diseases requiring long-term treatment to enjoy social insurance benefits are diseases listed in the directory of diseases requiring long-term treatment issued together with Circular No. 34/2013/TT-BYT dated October 28, 2013 of the Ministry of Health.

4. Cadre, Military Personnel, Labor Wages Agency under units under the Ministry and below, collectively referred to as human resources agency.

Article 4. Number of social insurance benefit claim files and social insurance books

1. The number of pension benefit claim files, one-time social insurance benefit claim files, work injury benefit claim files, occupational disease benefit claim files, and survivor benefit claim files shall be the number of social insurance books or retirement books, monthly social insurance allowance books for claim files that do not qualify for social insurance books.

2. After processing pension benefits, one-time social insurance benefits, and survivor benefits for workers, their social insurance books (including loose pages) shall be collected and stored at the Social Insurance of the Ministry of National Defense.

Article 5. Sample Forms for Processing Social Insurance Benefits

1. Workers, employers, and related individuals and organizations shall base on the sample forms and guidelines provided in this Circular to implement.

2. Application forms, declaration forms, and documents stipulated in this Circular shall be provided free of charge by employers or the entities directly responsible for processing social insurance benefits for workers, or workers may write them by hand according to the prescribed content.

Chapter II

FILES, PROCEDURES AND RESPONSIBILITIES

 PROCESSING SOCIAL INSURANCE BENEFITS

Section 1

SICK LEAVE BENEFIT

Article 6. Files

1. Files for processing sick leave benefits for workers suffering from illness due to accidents or common diseases not included in the list of diseases requiring long-term treatment and taking care of sick children

a) Social insurance book;

b) One of the following documents:

- Discharge certificate (original or copy) in cases where the worker or the worker's child is hospitalized;

- Certificate of absence for sickness benefit (original or copy) in cases where the worker or the worker's child is treated as an outpatient (Form C65-HD, as specified by the Ministry of Finance) or medical examination and treatment documents, outpatient medical records of the child (original or copy) showing full information about the mother's or father's name; the child's name and age, the number of days off to care for the sick child;

- A certified Vietnamese translation (original or copy) of the medical examination and treatment certificate issued by a foreign healthcare facility in cases of medical examination and treatment abroad;

In cases where the worker has two or more children who are sick simultaneously but with non-overlapping sick periods, the documents referred to in this point shall be those of the sick children.

c) Decision (original or copy) of the competent authority dispatching the worker to study, work, or perform duties abroad in cases where the worker must take sick leave during the period dispatched to study, work, or perform duties abroad.

2. Files for processing sick leave benefits for workers suffering from serious illnesses or diseases requiring long-term treatment

a) Social insurance book;

b) Discharge certificate (original or copy) indicating treatment for diseases listed as requiring long-term treatment and the time off work for treatment. For cases without hospitalization, one of the following documents is required: Medical consultation report (copy) or medical consultation record (copy) or hospital medical record excerpt or certificate of absence for sickness benefit (Form C65-HD) or outpatient medical records (original or copy) issued by a competent healthcare facility according to regulations indicating treatment for serious illnesses or diseases requiring long-term treatment and the time the worker must take off work for treatment.

In cases where the worker receives medical examination and treatment abroad, it shall be replaced by a certified Vietnamese translation (original or copy) of the medical examination and treatment certificate issued by a foreign healthcare facility indicating treatment for serious illnesses or diseases requiring long-term treatment. If the worker takes sick leave during the period dispatched to study or work abroad, there shall also be a decision (original or copy) of the competent authority dispatching the worker to study or work abroad.

3. In addition to the files guided in Clause 1 and 2 of this Article, the personnel department shall prepare an additional list of workers applying for sick leave, maternity leave, and health recovery leave (Form C70a-HD; hereinafter referred to as the list).

Article 7. Procedures and Timeframe for Processing Benefits

1. Workers submit complete files in accordance with Point b or Points b and c of Clause 1 or Point b of Clause 2 of Article 6 of this Circular to the personnel department at the brigade level and equivalent units.

2. Within three working days from the date of receiving valid files, the unit completes the processing of sick leave benefits for workers.

3. In cases where employees submit incomplete documents, the personnel department must notify the employee in writing and specify the reasons.

Article 8. Responsibilities for Processing Benefits

1. Employees

Submit files in accordance with regulations to the personnel department at the brigade level and equivalent units.

2. Employers in units

a) Personnel department at the brigade level and equivalent units

Guide and accept files in accordance with regulations from workers; prepare two copies of the list (Form C70a-HD), transfer to the financial department at the same level along with the sick leave benefit claim files of each worker (excluding the social insurance book) and all data in electronic file format (data file) of the number of workers applying for benefits on a CD.

When reviewing sick leave benefit claim files, if the worker submits a copy of the discharge certificate, the personnel department shall certify "APPROVED" on the original presented by the worker and return it to the worker.

b) Financial department at the brigade level and equivalent units

- Accept files and lists (Form C70a-HD) and all data in electronic file format (data file) of the number of workers applying for benefits on a CD transferred by the personnel department; review and consolidate (Form 04/BHXH issued together with Circular No. 42/2009/TT-BQP dated July 30, 2009 of the Ministry of National Defense guiding the management of mandatory social insurance revenue and expenditure in the Vietnam People's Army); ensure timely and full payment of sick leave benefits to workers; refuse payment for cases with incorrect benefit calculations. When distributing sick leave benefits, recover the salary for the sick leave days already received;

- Monthly, quarterly, and annually, compile and prepare settlement reports (along with payments for other social insurance benefits) to be submitted to higher-level financial departments as prescribed;

- Store files and vouchers in accordance with regulations.

c) The financial authority at the brigade level and equivalent

- Quarterly, receive the final settlement report accompanied by a list (Form C70a-HD) transferred from subordinate units' financial authorities; review and confirm the final settlement report for each unit; compile and submit the final settlement report (including social insurance payments) to the higher-level financial authority;

- Store files and vouchers in accordance with regulations.

d) Financial Department of Subordinate Units under the Ministry

 Quarterly, annually review and confirm the final settlement reports of subordinate units; compile and submit the final settlement report (including social insurance payments) to the Social Insurance of the Ministry of National Defense as prescribed.

3. Employers in enterprises under the Ministry

        a) The personnel department is responsible for implementing as guided by Point a Clause 2 Article of this Decree for the personnel department at the brigade level and equivalent.

b) Financial Department

- Quarterly, receive the final settlement report, file, and list (Form C70a-HD) along with all data in electronic file format (data file) on the number of workers for whom benefits are being processed, provided on CDs by subordinate enterprises; review and prepare two copies of the list of workers entitled to sickness, maternity, and health recovery benefits (Form C70b-HD) and confirm the final settlement report returned to the enterprise;

- Quarterly, annually compile and submit the final settlement report (including social insurance payments) to the Social Insurance of the Ministry of National Defense as prescribed.

4. Employers in enterprises under the direct management of units under the Ministry, public service organizations (hereinafter referred to collectively as third-level enterprises)

 The personnel and financial departments are responsible for implementing as guided by Points a and b Clause 2 Article of this Decree for the personnel and financial departments at the brigade level and equivalent.

Section 2

MATERNITY BENEFITS REGIME

Article 9. Documents

1. For female workers undergoing prenatal examinations, experiencing miscarriages, abortions, stillbirths, and workers implementing contraceptive measures

a) Social insurance book;

b) Discharge certificate or prenatal examination certificate or prenatal examination record (original or copy) or certificate of leave for medical treatment under social insurance (Form C65-HD).

2. For female workers giving birth

a) Social insurance book;

b) Birth certificate or child's birth registration certificate (copy). If the child dies after birth, there should be an additional death certificate (copy). In cases where the child dies immediately after birth without receiving these certificates, they can be replaced by a copy of the medical record or discharge certificate of the mother (original or copy).

3. For workers adopting a child

a) Social insurance book;

b) Copy of the adoption certification issued by the competent authority or decision recognizing the adoption by the competent authority.

4. In cases where the mother dies after childbirth, the father or the person directly raising the child

a) Where both parents participate in social insurance and meet the conditions for maternity allowance

- Mother's social insurance book (to resolve one-time allowance upon childbirth and allowance during the period when the mother was alive);

- Father's social insurance book (to resolve allowance during the period when the father receives it after the mother's death);

- Copy of the birth certificate or child's birth registration certificate;

- Copy of the mother's death certificate.

b) Where only the mother participates in social insurance and meets the conditions for maternity allowance

- Mother's social insurance book;

- Copy of the birth certificate or child's birth registration certificate;

- Copy of the mother's death certificate;

- Application of the father or the person directly raising the child (Form 11A-HBQP, certified by the People's Committee of the commune where they reside).

c) Where only the father participates in social insurance and meets the conditions for maternity allowance

- Father's social insurance book;

- Copy of the birth certificate or child's birth registration certificate;

- Copy of the mother's death certificate.

5. In addition to the documents specified in Clauses 1, 2, 3, and 4 of this Article, the personnel department prepares an additional list (Form C70a-HD).

Article 10. Procedure and Timeframe for Processing Benefits

1. Female workers or workers (collectively referred to as workers) submit the documents as guided by Point b Clause 1 or Point b Clause 2 or Point b Clause 3 or Point a or Point b or Point c Clause 4 Article 9 of this Circular to the personnel department at the brigade level and equivalent.

2. Within three working days from the date of receipt of valid documents, the unit completes the processing of maternity benefits for the worker.

3. In cases where employees submit incomplete documents, the personnel department must notify the employee in writing and specify the reasons.

Article 11. Responsibility for Processing Benefit Claims

Workers and employers have responsibilities as guided by Article 8 of this Circular. When disbursing maternity benefits, employers must recover wages for the days workers take off for prenatal examinations, miscarriages, abortions, stillbirths, and contraceptive measures or for the months workers take off for childbirth or adoption.

Section 3

OCCUPATIONAL INJURY AND PROFESSIONAL DISEASE BENEFITS REGIME

Article 12. Documents for handling work injury benefits

1. Social insurance book.

2. Request document for handling work injury benefits from the Head of the subordinate unit under the Ministry (Form No. 05A-HBQP).

3. Work accident investigation report (Form No. 10A-HBQP or Form No. 10B-HBQP).

4. Discharge certificate (original or copy) after stable treatment of work-related injuries for inpatient cases, or initial examination and treatment documents for outpatient cases.

5. Medical assessment report on the degree of labor capacity reduction by medical assessment boards at various levels in the Military.

In case of being injured while on duty and recognized as a work injury, and simultaneously confirmed by competent authority as a war invalid or person enjoying preferential policies similar to war invalids, three additional injury assessment reports (Form TB2 attached to Circular No. 202/2013/TT-BQP dated November 7, 2013 of the Ministry of National Defense guiding the procedures and formalities for confirming and implementing preferential policies for persons with meritorious service to the revolution under the responsibility of the Ministry of National Defense) shall be established to handle war invalid benefits.

6. In case of traffic accidents recognized as work injuries, one of the following documents shall be added:

a) Traffic accident scene inspection report, accident scene diagram (copy);

b) Traffic accident report of the police agency or military criminal investigation agency (copy).

7. Decision on monthly or one-time work injury allowance (Form No. 03A-HBQP or Form No. 03B-HBQP).

8. Social insurance payment history (Form No. 04A-HBQP or Form No. 04B-HBQP).

9. Adjustment form for monthly or one-time work injury allowance (Form No. 16A-HBQP).

10. Introduction letter for monthly work injury allowance payment when transferring to local areas simultaneously (Form No. 15A-HBQP).

Article 13. Documents for handling occupational disease benefit claims

1. Social insurance book.

2. Request document for handling occupational disease benefits from the Head of the subordinate unit under the Ministry (Form No. 05B-HBQP).

3. Measurement record of hazardous environmental factors or labor environment measurement results within the specified period established by authorized agencies (original); if the record or measurement results apply to multiple individuals, each worker's file shall include a copy of the record or measurement result. For workers infected with HIV due to occupational risks and entitled to occupational disease benefits, this shall be replaced by an occupational risk accident report (copy) according to Decision No. 120/2008/QĐ-TTg dated August 29, 2008 of the Prime Minister regarding conditions for determining individuals exposed to HIV and infected with HIV due to occupational risks (hereinafter referred to as Decision No. 120/2008/QĐ-TTg).

4. Discharge certificate (original or copy) for inpatient cases after stable occupational disease treatment. For non-inpatient cases, it is an occupational disease examination certificate (original or copy) or occupational disease consultation form (original or copy). For workers infected with HIV due to occupational risks and entitled to occupational disease benefits, this shall be replaced by an HIV infection due to occupational risk certification (copy) according to Decision No. 120/2008/QĐ-TTg.

 

5. Occupational disease medical assessment report on the degree of labor capacity reduction by the Ministry of National Defense's occupational disease medical assessment board; the 175 Hospital and 103 Hospital's medical assessment board.

6. Decision on monthly or one-time occupational disease allowance (Form No. 03C-HBQP or Form No. 03D-HBQP).

7. Social insurance payment history (Form No. 04A-HBQP or Form No. 04B-HBQP).

8. Adjustment form for monthly or one-time occupational disease allowance (Form No. 16A-HBQP).

9. Introduction letter for monthly occupational disease allowance payment when transferring to local areas simultaneously (Form No. 15A-HBQP).

Article 14. Documents for Processing Benefits for Occupational Accidents and Occupational Diseases Recurrence

1. Documents previously received for occupational accident and occupational disease allowances managed by personnel agencies or workers.

2. Documents according to the guidance in Clause 1, 2, 5, 8 of Article 12 or Clause 1, 2, 5, 7 of Article 13 of this Circular.

3. Discharge certificate (original or copy) after stable treatment of old injuries or diseases that have recurred for inpatient cases. For outpatient cases, it is medical examination and treatment documents for recurrent injuries or diseases (original or copy).

4. Health monitoring book of the military health agency (original or copy).

5. Decision on adjustment of monthly or one-time occupational accident and occupational disease allowance due to recurrence of injury or disease (Form No. 03E-HBQP or Form No. 03G-HBQP or Form No. 03H-HBQP or Form No. 03K-HBQP).

6. Adjustment form for monthly or one-time occupational accident and occupational disease allowance due to recurrence of old injury or disease (Form No. 16C-HBQP).

Article 15. Documents for Processing Benefits for Occupational Accidents and Occupational Diseases for Workers Whose Work Capacity Has Been Comprehensively Appraised

1. Documents previously received for occupational accident and occupational disease allowances managed by personnel agencies or workers.

2. Occupational accident and occupational disease documents of previous accidents but not yet appraised according to the guidance in Clause 1, 2, 3, 4, 6, 8 of Article 12 or Clause 1, 2, 3, 4, 7 of Article 13 of this Circular.

3. Health monitoring book of the military health agency (original or copy).

 

4. Comprehensive appraisal record of work capacity reduction by the Medical Appraisal Councils at various levels in the Military.

5. Decision on receiving monthly or one-time occupational accident and occupational disease allowance based on comprehensive work capacity reduction appraisal (Form No. 03M-HBQP or Form No. 03N-HBQP).

6. Adjustment form for monthly or one-time occupational accident and occupational disease allowance based on comprehensive work capacity reduction appraisal (Form No. 16Đ-HBQP).

Article 16. Documents for Processing Financial Support for Living Aids and Orthopedic Devices for Workers with Occupational Accidents and Occupational Diseases

1. Documents for occupational accident and occupational disease allowances managed by personnel agencies or workers.

2. Prescription from rehabilitation centers under the Ministry of Labor, Invalids and Social Affairs or provincial hospitals or Medical Appraisal Councils at military regions and corps level appropriate to the condition of injuries or diseases caused by occupational accidents and occupational diseases. In cases where there is a prescription for artificial eyes, additional documentation for artificial eye installation (original or copy) is required.

3. Decision on providing financial support for living aids and orthopedic devices (Form No. 03P-HBQP).

4. Train or bus tickets for travel (if applicable).

Article 17. Procedure and Timeframe for Processing Benefits

1. Workers submit documents according to the guidance in Clause 4, 6 of Article 12 or Clause 4 of Article 13 or Clause 3 of Article 14 or Clause 2 of Article 16 of this Circular to personnel agencies at brigade level and equivalent.

2. Within ninety days from the date of discharge following stable treatment, personnel agencies complete the documents and introduce workers for work capacity reduction appraisal (including time for transferring documents).

3. Upon receipt of the work capacity reduction appraisal results, within twenty days for brigade level and equivalent, ten days for division level and equivalent, and five days for subordinate units of the Ministry, the review and verification of the documents are completed and sent to the Social Insurance Department of the Ministry of National Defense.

4. Within fifteen working days from the date of receiving valid documents, the Social Insurance Department of the Ministry of National Defense completes the decision on benefits for workers.

5. If workers or employers submit incomplete documents, the receiving agency must notify them in writing and specify the reasons.

Article 18. Obligations for Processing Benefit Regimes ||

1. Employees

Submit all required documents in accordance with regulations to the personnel agency at the brigade level or equivalent. ||

2. Employers in agencies, units, and enterprises ||

a) Personnel department at the brigade level and equivalent units

- Guide employees in preparing documents; check and verify personal information to ensure consistency before submitting the documents to the higher-level personnel agency; ||

- Supplement the employee's social insurance payment history in the social insurance book up to the month immediately preceding the work-related accident, occupational disease, or the month immediately preceding the medical assessment council's conclusion (in cases where the employee does not take sick leave or the discharge date cannot be determined); ||

- Take the lead in coordinating with military health agencies to complete the work injury and occupational disease assessment file and submit it to the personnel agency under the Ministry of Defense and the Social Insurance Department of the Ministry of National Defense for referral of the employee for labor capacity assessment; ||

- Receive documents from employees in accordance with regulations, prepare the work injury and occupational disease benefit claim file in accordance with Articles 12, 13, 14, 15, and 16 of this Circular, and send the file of each employee to the higher-level personnel agency and the personnel unit under the Ministry along with all data in electronic file format (data file) on a CD; ||

- Retrieve documents that have been processed by higher-level personnel agencies and hand them over to employees.

b) Higher-level personnel agencies at the brigade level or equivalent ||

Receive work injury and occupational disease benefit processing files transferred from lower-level personnel agencies, check and verify, complete the files according to the guidance in Articles 12, 13, 14, 15, and 16 of this Circular, and send the file of each employee to the personnel agency under the Ministry for consolidation and submission to the Social Insurance Department of the Ministry of National Defense along with all data in electronic file format (data file) on a CD; receive the processed files from the Social Insurance Department of the Ministry of National Defense and hand them over to subordinate units to deliver to the employees; ||

c) Financial agencies at the brigade level or equivalent ||

- Receive work injury and occupational disease benefit files that have been processed by the Social Insurance Department of the Ministry of National Defense, transferred from the personnel agency or the employee, check and prepare a full and timely payment list; ||

- Quarterly and annually, compile and prepare settlement reports (along with social insurance benefit payments) and send them to higher-level financial agencies up to the financial agency under the Ministry of National Defense; ||

- Store documents and vouchers in accordance with regulations. ||

Article 19. Documents and Timeframe for Processing Health Recovery Allowances After Illness, Maternity, Work Injury, and Occupational Disease ||

1. The document for processing health recovery allowances after illness, maternity, and post-treatment of work injuries and occupational diseases is a list (Form C70a-HD), prepared by the personnel agency. ||

2. Within three working days from when the personnel agency prepares the list in accordance with regulations, the unit completes the health recovery allowance processing for the employee. ||

Section 4 ||

RETIREMENT BENEFITS

Article 20. Documents for Monthly Pension Benefits ||

1. Social insurance record book. ||

2. Decision on retirement to receive social insurance benefits issued by the competent authority of the unit (form issued by the personnel agency). For voluntary social insurance participants, the decision on retirement is replaced by a request for pension benefits (Form 12B-HBQP, confirmed by the People's Committee of the locality where the employee resides). ||

3. Health monitoring book and labor capacity assessment report by the Medical Assessment Council at various levels in the Military for those retiring due to reduced work capacity; certificate of HIV/AIDS infection due to occupational risk issued by the competent authority (original or copy) for those retiring due to HIV/AIDS infection from occupational risk. ||

4. Record of social insurance contributions (Form 04C-HBQP). ||

5. Decision on monthly pension benefits (Forms 07A-HBQP to 07E-HBQP). ||

6. Letter of introduction for monthly pension payment (Forms 15B-HBQP to 15D-HBQP). ||

7. Registration form for pension payment and initial healthcare facility for medical insurance (Form 13-HBQP, confirmed by the head of the agency or unit). ||

8. Explanation letter from the head of the subordinate agency if the application is submitted late after the employee has started receiving pension. The explanation must clearly state the reasons for the delay and the current status and location of the employee from the time they began receiving pension until the application was submitted, and commit to legal responsibility for the content of the explanation. ||

9. In addition to the above files, for the following cases, additional documents are required:

a) In cases where the employee is re-employed after release from prison: Certificate of completion of imprisonment sentence (copy); decision on re-employment and salary grade by the competent authority; ||

b) In cases where there is a shortage of up to six months of maximum social insurance contributions: Request for one-time social insurance contribution to receive pension benefits (Form 14C-HBQP, confirmed by the head of the agency or unit) and receipt for one-time social insurance contribution; ||

c) In cases where the employee's pension benefit needs adjustment: Decision on adjustment of social insurance benefits (Form 06A-HBQP); ||

d) In cases where the employee served in areas with regional allowances prior to January 2007: Personal declaration regarding service time and area with regional allowances (Form 03A-BHKV attached to Circular No. 32/BHXH-CĐCS dated January 27, 2011 of the Social Insurance Department of the Ministry of National Defense guiding the implementation of one-time regional allowances for pensioners and one-time social insurance beneficiaries under Decree No. 122/2008/NĐ-CP).

Article 21. Documents for receiving one-time social insurance benefit for military personnel

1. Social insurance record book. ||

2. Decision on demobilization or discharge from service by the competent authority head of the unit (model issued by the personnel agency).

3. Application for receiving one-time social insurance benefit for cases with at least 15 years of social insurance contributions (Form No. 12A-HBQP, confirmed by the head of the agency or unit).

4. Record of social insurance contribution process (Form No. 04D-HBQP).

5. Decision on receiving one-time social insurance benefit (Form No. 07G-HBQP).

6. In cases where workers before January 2007 served in areas entitled to regional allowances, attach individual declaration regarding the time and area of military service entitled to regional allowances (Form No. 03A-BHKV).

Article 22. Documents for receiving one-time allowance from the social insurance fund for non-commissioned officers and soldiers

1. Decision on discharging non-commissioned officers and soldiers from service by the competent authority head of the unit.

2. List of applications for one-time discharge allowance from the social insurance fund.

3. Decision on receiving one-time social insurance benefit by the head of the subordinate ministry unit (Form No. 07H-HBQP).

4. List of one-time discharge allowance recipients from the social insurance fund (Form No. 07I-HBQP).

Article 23. Documents for receiving one-time social insurance benefit for defense civil servants and contractual laborers

1. Documents as guided in Clause 1, 4, 5, and 6 of Article 21 of this Circular.

2. Decision on termination of employment by the competent authority head of the unit (issued by the personnel agency). For those participating in voluntary social insurance, substitute with application for one-time social insurance benefit (Form No. 12A-HBQP).

3. Health monitoring book and medical board assessment record on reduction in work capacity for cases with reduced work capacity.

4. Notarized Vietnamese translation (original or certified copy) of the long-term residence visa, residence card, or long-term residence confirmation issued by the competent authority of the host country for those who have settled abroad.

Article 24. Documents for preserving social insurance contribution period

1. For workers currently participating in social insurance contributions

a) Social insurance book;

b) Decision on demobilization, discharge, or termination of employment by the competent authority head of the unit or document terminating the labor contract, expired labor contract. For voluntary social insurance participants, it is an application to preserve the social insurance contribution period (Form No. 14B-HBQP).

2. For cases demobilized or discharged back to the locality within 12 months and have received one-time allowance from the social insurance fund, if they wish to preserve the social insurance contribution period

a) Social insurance book (already processed for social insurance allowance);

b) Application for preserving the social insurance contribution period (Form No. 14A-HBQP, confirmed by the head of the agency or unit);

c) Request letter from the competent authority head of the unit (before demobilization or discharge);

d) Documents for receiving social insurance allowance already processed by the Ministry of Defense Social Insurance;

đ) Discharge allowance receipt issued by units at regiment level and above and submitted directly to the dedicated account for social insurance contributions of the Ministry of Defense Social Insurance.

3. For individuals sentenced to imprisonment and transferred back to the locality upon release

a) Social insurance book;

b) Certificate of completion of prison sentence (copy);

c) Request letter from the competent authority head of the unit managing the worker before imprisonment;

d) Personal file (original) and related documents concerning the period and salary for social insurance contributions (for cases not yet issued a social insurance book).

Article 25. Documents for revoking the decision on social insurance benefits

1. Application for revoking the decision on social insurance benefits (Form No. 14Đ-HQBP, with confirmation from the Head of the agency or unit).

2. Official letter requesting revocation of the decision issued by the Head of the subordinate unit under the Ministry.

3. Decision on revoking the decision to take leave and receive social insurance benefits (retirement pension, demobilization, discharge, resignation) issued by the Head of the authorized unit.

4. Social insurance benefit settlement documents that have been processed by the Social Insurance Department of the Ministry of National Defense.

5. Decision on revoking the decision on social insurance benefits issued by the Director of the Social Insurance Department of the Ministry of National Defense (Form No. 06B-HBQP).

Article 26. Procedure and time limit for processing the regime

1. Workers submit the documents according to the guidance provided in Clause 7, Article 20 or Point b, d, Clause 9, Article 20 or Clause 3, 6, Article 21 or Clause 4, Article 23 or Point b, d, Clause 2, Article 24 or Point b, d, Clause 3, Article 24 or Clause 1, 4, Article 25 of this Circular to the personnel office at the brigade level and equivalent.

2. Within 10 days for the brigade level and equivalent, 10 days for the division level and equivalent, and 10 days for the subordinate units under the Ministry, starting from the date of receiving valid retirement benefit application documents, the personnel office completes the documents and sends them to the Social Insurance Department of the Ministry of National Defense.

3. Within 30 working days from the date of receiving valid documents, the Social Insurance Department of the Ministry of National Defense completes the decision on monthly retirement benefits for workers.

4. The handover of retirement documents to workers must be at least 15 days before the date they receive their retirement pay (the unit must complete the documents and send them to the Social Insurance Department of the Ministry of National Defense at least 60 days before the worker receives their retirement pay).

5. Within 5 days for the brigade level and equivalent, 5 days for the division level and equivalent, and 5 days for the subordinate units under the Ministry, starting from the date of receiving valid documents for one-time social insurance benefits, the personnel office completes the documents and sends them to the Social Insurance Department of the Ministry of National Defense.

6. Within 15 working days from the date of receiving valid documents, the Social Insurance Department of the Ministry of National Defense completes the decision on one-time assistance benefits for workers.

7. The handover of the decision on one-time social insurance assistance benefits to workers must be at least 5 days before the date they are demobilized, discharged, or resign (the unit must complete the documents and send them to the Social Insurance Department of the Ministry of National Defense at least 30 days before the worker is demobilized, discharged, or resigns).

8. In cases where workers or employers submit incomplete documents, the receiving authority must notify the workers or employers in writing and specify the reasons.

Article 27. Responsibility for Processing the Regime

Workers and employers are responsible for implementing the guidance provided in Article 18 of this Circular.

Section 5

FUNERAL BENEFITS REGIME

Article 28. Documents for Monthly Dependency Benefits

1. Social insurance book.

2. Death notice (for military personnel, defense civil servants), death certificate (for contractual laborers); court decision declaring death (in cases of disappearance).

3. Declaration form of the deceased's dependents (Form No. 09-HBQP, with confirmation from the People's Committee of the commune, ward where they reside and the Head of the agency or unit).

4. Confirmation letter from the local government where the legal caregiver resides (in cases where the dependent is not the spouse, child, biological parent, mother-in-law, or father-in-law, but the deceased was required to support them during life).

5. Record of social insurance contributions (Form No. 04E-HBQP).

6. Decision on funeral allowance (Form No. 08A-HBQP).

7. Decision on monthly survivor's benefit (Form No. 08B-HBQP).

8. Introduction letter for monthly dependency allowance (Form No. 15E-HBQP).

9. In addition to the above files, for the following cases, additional documents are required:

a) In case of death due to work-related accidents or occupational diseases: Accident investigation report or copy of the medical record for occupational disease treatment;

b) In case of children aged 15 to 18 who are still studying: Certificate from the school where the child is enrolled;

c) In case of dependents with reduced work capacity: Report on the assessment of reduced work capacity;

d) In case the worker is short of the maximum period by no more than six months and the dependent wishes to continue paying social insurance contributions for the remaining months: Application for one-time payment of social insurance contributions to receive monthly dependency benefits (Form No. 14D-HBQP, with confirmation from the Head of the agency or unit) and receipt for one-time social insurance contribution payment.

Article 29. Documents for One-time Bereavement Allowance

1. The documents are guided at Clause 1, 2, 3 and Point a Clause 9 Article 28 of this Circular.

2. Social Insurance Contribution History (Form No. 04G-HBQP).

3. Decision on Receiving One-time Bereavement Allowance (Form No. 08C-HBQP).

Article 30. Procedure and Timeframe for Resolving Benefits

1. Relatives of employees submit documents according to the guidance at Clause 3, 4 and Points b, c, d Clause 9 Article 28 or Clause 3 Article 28 of this Circular to personnel agencies at brigade level and equivalent.

2. In cases where relatives of employees reside in one province: Within a period not exceeding 45 days from the date of the employee's death (30 days for brigade level and equivalent, 10 days for division level and equivalent, 05 days for units directly under the Ministry), the personnel agency completes the documents for receiving monthly bereavement allowance and sends them to the Social Insurance of the Ministry of National Defense (in cases where relatives of employees reside in multiple provinces and receive monthly bereavement allowance, the total time is not more than 90 days, including 75 days for brigade level and equivalent).

3. In cases where the husband dies while the wife is pregnant, the documents are established immediately after the wife gives birth; the time for receiving monthly bereavement allowance for the newborn child starts from the month of birth.

4. Within a period not exceeding 45 days from the date of the employee's death (30 days for brigade level and equivalent, 10 days for division level and equivalent, 05 days for units directly under the Ministry), the personnel agency completes the documents for receiving one-time bereavement allowance and sends them to the Social Insurance of the Ministry of National Defense.

5. Within 15 working days from the date of receiving valid documents, the Social Insurance of the Ministry of National Defense completes the decision on receiving the one-time bereavement allowance for the relatives of the employee.

6. In cases where the relatives of the employee or the employer submit incomplete documents, the agency receiving the documents must notify the relatives of the employee or the employer in writing and specify the reasons.

Article 31. Responsibility for Resolving Benefits

Relatives of employees and employers have the responsibility to implement as guided in Article 18 of this Circular.

Chapter III

IMPLEMENTATION

Article 32. Management and Storage of Documents for Illness Allowance, Maternity Allowance, Health Recovery Allowance, Work Injury Allowance, Occupational Disease Allowance, Retirement Allowance, and Bereavement Allowance

Clause 1. Files for sickness benefit, maternity benefit, and health recovery leave shall be established in one copy and stored at the place directly paying the benefits to employees.

2. Documents for Work Injury Allowance and Occupational Disease Allowance

a) Monthly work injury allowance and occupational disease allowance documents are established in five copies (Vietnam Social Security: one copy; Social Insurance of the Ministry of National Defense: one copy; personnel agency of units directly under the Ministry: one copy; unit finance: one copy; employee: one copy). The adjustment form for monthly work injury allowance and occupational disease allowance is stored at the finance agency at brigade level and equivalent (where direct payment to the employee occurs).

b) One-time work injury allowance and occupational disease allowance documents are established in three copies (Social Insurance of the Ministry of National Defense: one copy; personnel agency of units directly under the Ministry: one copy; employee: one copy).

Clause 3. Files for retirement benefits

a) Monthly retirement allowance documents are established in five copies (Vietnam Social Security: one copy; social insurance of the province or city where the employee receives pension: one copy; Social Insurance of the Ministry of National Defense: one copy; personnel agency of units directly under the Ministry: one copy; employee: one copy).

b) One-time social insurance allowance documents are established in three copies (Social Insurance of the Ministry of National Defense: one copy; personnel agency of units directly under the Ministry: one copy; employee: one copy).

Clause 4. Files for survivor benefits

a) Monthly bereavement allowance documents are established in five copies (Vietnam Social Security: one copy; social insurance of the province or city where the relative of the employee receives allowance: one copy; Social Insurance of the Ministry of National Defense: one copy; personnel agency of units directly under the Ministry: one copy; relative of the employee: one copy).

b) One-time bereavement allowance documents are established in three copies (Social Insurance of the Ministry of National Defense: one copy; personnel agency of units directly under the Ministry: one copy; relative of the employee: one copy).

Article 33. Transfer of Files for Monthly Pension, Disability Benefits, and Survivor Benefits

Clause 1. Files for retirement benefits and monthly survivor benefits

When receiving files that have been processed by the Social Insurance under the Ministry of National Defense, personnel agencies at battalion level and equivalent (the direct management units of workers) shall be responsible for sealing one set of files to hand over directly to the worker or the worker's relatives to transfer to the social insurance office in the province or city where they reside to complete procedures for receiving pensions or survivor benefits. In cases where the worker or their relatives do not accept the files, the unit shall be responsible for sealing the files and transferring them via official channels to the social insurance office in the province or city where the worker or their relatives reside for acceptance, payment, and management according to regulations.

2. Files for Monthly Disability Benefits

Workers currently receiving monthly disability benefits from their units who retire, demobilize, discharge, terminate employment, or retain social insurance contribution time shall have their units responsible for completing one set of files to submit together with retirement, demobilization, discharge, termination, or retention files to the Social Insurance under the Ministry of National Defense for referral to the social insurance office in the province or city for acceptance, payment, and management. If the required files are incomplete, the unit shall suspend benefit payments and prepare a report to the Social Insurance under the Ministry of National Defense for review and resolution.

3. For files that are inconsistent regarding surname, given name, middle name, date of birth among documents within the same file, between social insurance files and birth certificates, identity cards, or household registration books, the head of subordinate units under the Ministry shall prepare an explanatory document to accompany the transferred files for confirmation by the Social Insurance under the Ministry of National Defense to include in the transferred files.

Article 34. Responsibilities of Agencies, Units, and Enterprises Subordinate to the Ministry of National Defense

Organize and implement; direct, monitor, and inspect subordinate units on the establishment of files and the processing of social insurance benefits for workers and their dependents within their jurisdiction according to this Circular and relevant laws on social insurance.

Article 35. Responsibilities of Functional Agencies of the Ministry of National Defense

1. Policy Department / Political General Department

Take the lead in coordinating with functional agencies and units to direct, guide, monitor, and inspect the establishment of files and the processing of social insurance benefits for workers and their dependents according to this Circular and relevant laws on social insurance; simultaneously coordinate to resolve any issues and developments during the implementation process, including changes in social insurance benefit files.

2. The Personnel Department of the General Political Department; The Military Service Department of the General Staff Department

Direct personnel and military force agencies of units to fully fulfill their responsibilities in establishing files and processing social insurance benefits for workers and their dependents, ensuring strictness, accuracy, compliance with procedural requirements, timelines, and benefits as stipulated in this Circular and relevant laws on social insurance; coordinate to resolve any issues and developments during the implementation process.

3. Department of Finance/Ministry of National Defense

Direct, guide, and inspect the payment of social insurance benefits for workers and their dependents and coordinate to resolve any issues and developments during the implementation of this Circular.

4. Department of Military Medicine/Ministry of National Defense

a) Direct and guide medical facilities in the military to issue discharge papers (for inpatient treatment at hospitals and clinics) according to current regulations; issue certificates for leave due to illness covered by social insurance (for outpatient treatment) according to the military medical referral system; direct medical examination boards at all levels in the Ministry to perform their functions and authorities accurately in medical examinations to ensure strictness and accuracy in implementing social insurance benefits for workers;

b) Direct military medical agencies at all levels to cooperate with functional agencies at the same level to complete files introducing workers for labor capacity assessment to receive social insurance benefits; compile and confirm the number of people and days of rest and recovery, then transfer to relevant agencies and propose implementation according to regulations.

5. Social Insurance under the Ministry of National Defense

a) Coordinate with functional agencies to direct, guide, monitor, and inspect the establishment of files and the processing of social insurance benefits for workers and their dependents according to this Circular and relevant laws on social insurance; simultaneously coordinate to resolve any issues and developments during the implementation process;

b) Develop software programs for reviewing social insurance benefits, transfer them to agencies, units, and enterprises for implementation; develop data extraction software according to regulations of the Vietnam Social Security;

c) Receive files, review, issue decisions on benefits, and confirm on social insurance books the social insurance benefits already received by workers and their dependents, ensuring strictness, compliance with procedures and timelines; promptly transfer files and ensure sufficient funds for payment of social insurance benefits to agencies, units, and enterprises;

d) Review files and refer workers with the rank of Lieutenant Colonel (including professional soldiers) or equivalent salary grade, early retirees, occupational diseases, recurrent illnesses, work-related injuries, and occupational diseases to the medical examination boards at all levels of the Ministry for assessment of reduced labor capacity to receive social insurance benefits as prescribed.

d) On the 10th and the 25th of each month, prepare the list of individuals entitled to retirement benefits, work injury benefits, occupational disease benefits, and monthly survivor benefits, notify the social insurance agency of the province or city where the employee or their dependents reside, and submit the list along with one set of files for each individual who received benefits in the previous month to the archive center under the Vietnam Social Security.

e) Quarterly, receive, review, and confirm the settlement reports on benefit payments for social insurance; annually, conduct a review and summary of the financial operations of social insurance for agencies, units, and enterprises directly under the Ministry in accordance with regulations.

Article 36. Effective Date

1. This Circular shall take effect from August 25, 2014.

The guidance content in this Circular shall be implemented from July 1, 2014.

2. Repeal the following documents: Instruction No. 162/BHXH-CĐCS dated November 4, 2008 of the Social Insurance of the Ministry of National Defense on procedures and processes for handling social insurance benefits for military personnel, defense civil servants, and contractual workers in the Military; Circular No. 49/BHXH-CĐCS dated July 30, 2008 of the Social Insurance of the Ministry of National Defense on procedures and processes for handling social insurance benefits in the Military; Circular No. 286/BHXH-CĐCS dated July 29, 2009 of the Social Insurance of the Ministry of National Defense on issuing sample decisions for occupational injury allowances after re-examination, and consolidation; Circular No. 167/BHXH-CĐCS dated May 18, 2011 of the Social Insurance of the Ministry of National Defense on procedures and processes for handling social insurance benefits in the Military; Instruction No. 268/BHXH-CĐCS dated July 21, 2011; Instruction No. 461/BHXH-CĐCS dated October 20, 2011; Instruction No. 582/BHXH-CĐCS dated November 22, 2011 of the Social Insurance of the Ministry of National Defense on one-time allowances from the social insurance fund for non-commissioned officers and soldiers upon discharge, and other instructions that contradict the guidance in this Circular.

Article 37. Responsibility for Implementation

1. The Chief of General Staff, the Director of the Political General Department, the commanders of agencies, units, enterprises, and related individuals are responsible for implementing this Circular.

2. During the implementation process, if there are any difficulties, agencies, units, and enterprises shall report to the Ministry of National Defense (through the Policy Bureau of the Political General Department) for coordination and resolution./.