Chương III Luật Bảo hiểm xã hội 2006: Bảo hiểm xã hội bắt buộc

Chapter III

COMPULSORY SOCIAL INSURANCE

Section 1. SICKNESS REGIME

Article 21.- Coverage of the sickness regime

The sickness regime covers laborers specified at Points a, b, c and d, Clause 1, Article 2 of this Law.

Article 22.- Conditions for enjoyment of the sickness regime

1. Taking leave due to sickness or accident, with the certification of a medical establishment.

In case of taking leave due to sickness or accident because of self-infliction, drunkenness, abuse of drug or other addictives, laborers are not entitled to the sickness regime.

2. Taking leave to take care of under-seven children who get sick with the certification of a medical establishment.

Article 23.- Period for enjoying the sickness regime

1. The maximum period for enjoying the sickness regime in a year for laborers specified at Points a, b and c, Clause 1, Article 2 of this Law shall be calculated according to working days, excluding public holidays, New Year holidays and weekends, and is provided for as follows:

a/ For laborers working under normal conditions, it is thirty days, if they have paid social insurance premiums less than fifteen years; forty days, if they have paid social insurance premiums for between full fifteen years and under thirty years; sixty days, if laborers have paid social insurance premiums for full thirty years or more;

b/ For laborers doing heavy, hazardous or dangerous occupations or jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs and the Health Ministry or working regularly in regions with regional allowance coefficient of 0.7 or higher, it is forty days, if they have paid social insurance premiums for less than fifteen year; fifty days, if they have paid social insurance premiums for between full fifteen years and under thirty years; seventy days, if they have paid social insurance premiums for full thirty years or more.

2. Laborers who are infected with a disease on the list of diseases requiring long-term treatment, which is promulgated by the Health Ministry, shall enjoy the sickness regime as follows:

a/ No more than one hundred eighty days in a year, including public holidays, New Year holidays and weekends;

b/ If laborers still need treatment after one hundred eighty days, they shall continue to enjoy the sickness regime at a lower level.

3. The period for enjoying the sickness regime for laborers specified at Point a, clause 1, Article 2 of this Law shall depend on the period of treatment at medical establishments of the people's army or the people's police.

Article 24.- Period for enjoying the regime upon sickness of children

1. The period for enjoying the regime upon sickness of a child in a year shall be calculated according to the number of days taking care of the sick child and be twenty working days at most if the sick child is under three years old, or fifteen working days at most if the sick child is between full three years and under seven years old.

2. When both parents are covered by social insurance, if their child is still sick after either of them has spent the whole period for enjoying the regime, the other parent is entitled to the regime provided for in Clause 1 of this Article.

Article 25.- Levels of the sickness regime

1. Laborers entitled to the sickness regime provided for in Clause 1, at Point a of Clause 2 of Article 23, and in Article 24 of this Law enjoy 75% of the salary or remuneration of the month preceding their leave on which social insurance premiums are based.

2. Laborers who continue enjoying the sickness regime provided for at Point b, Clause 2, Article 23 of this Law enjoy the level as follows:

a/ 65% of the salary or remuneration of the month preceding the leave on which social insurance premiums are based, if laborers have paid social insurance premiums for full thirty years or more;

b/ 55% of the salary or remuneration of the month preceding the leave on which social insurance premiums are based, if laborers have paid social insurance premiums for between full fifteen years and under thirty years;

c/ 45% of the salary or remuneration of the month preceding the work leave on which social insurance premiums are based, if laborers have paid social insurance premiums for less than fifteen years.

3. Laborers enjoying the sickness regime provided for in Clause 3, Article 23 of this Law enjoy 100% of the salary of the month preceding the leave on which social insurance premiums are based.

4. If the sickness regime level specified in Clause 2 of this Article is lower than the common minimum salary, it shall be increased to be equivalent to the common minimum salary.

Article 26.- Convalescence and health rehabilitation after sickness

1. If laborers remain weak after the period of enjoying the sickness regime under the provisions of Article 23 of this Law, they are entitled to take a leave of between five days and ten days in a year for convalescence and health rehabilitation.

2. The daily benefit level is equivalent to 25% of the common minimum salary, if laborers have convalescence and health rehabilitation at home; or 40% of the common minimum salary, if laborers have convalescence and health rehabilitation at a rest home.

Section 2. MATERNITY REGIME

Article 27.- Coverage of the maternity regime

The maternity regime covers laborers specified at Point a, b, c and d, Clause 1, Article 2 of this Law.

Article 28.- Conditions for enjoying the maternity regime

1. Laborers are entitled to the maternity regime in one of the following cases:

a/ Female laborers get pregnant;

b/ Female laborers give birth to children;

c/ Laborers adopt children of under four months old;

d/ Laborers have IUDs or take sterilization measures.

2. Laborers specified at Points b and c, Clause 1 of this Article must be those who have paid social insurance premiums for full six months or more within twelve months before childbirth or child adoption.

Article 29.- Period of leave for prenatal checks-up

Pregnant female laborers are entitled to take leave for five prenatal checks-up, one day for each check-up; in case they live far from medical establishments or have pathological signs or abnormal pregnancies, they are entitled to a two-day leave for each prenatal check-up.

The period of leave for enjoying the maternity regime specified in this Article shall be calculated according to working days, excluding public holidays, New Year holidays and weekends.

Article 30.- Period of leave when having miscarriage, abortion, fetocytosis or stillbirth

When getting miscarriage, abortion, fetocytosis or stillbirth, female laborers are entitled to ten-day leave, for pregnancy of under one month; twenty-day leave, for pregnancy of between one month and three months; forty-day leave, for pregnancy of between three months and under six months; or fifty-day leave, for pregnancy of six months or older.

The period of leave for enjoying the maternity regime specified in this Article includes public holidays, New Year holidays and weekends.

Article 31.- Period of leave after giving birth

1. After giving birth, female laborers are entitled to take leave under the maternity regime according to the following provisions:

a/ Four-month leave, if they perform occupations or jobs under normal working conditions;

b/ Five-month leave, if they perform heavy, hazardous or dangerous occupations or jobs on the lists promulgated by the Ministry of Labor, War Invalids and Social Affairs and the Health Ministry; work under the three-shift regime; work regularly in regions with regional allowance coefficient of 0.7 or more or if they are army women or police women;

c/ Six-month leave, for female laborers being disabled persons according to the provisions of law on disabled people;

d/ In case of giving birth to twin or more infants, in addition to the leave period specified at Points a, b and c of this Clause, the mother shall enjoy an additional leave of thirty days for each infant from the second.

2. In case the newborn child dies before sixty days of age, the mother is entitled to take leave for ninety days counting from the date of childbirth; if the newborn child die sixty days or more of age, the mother is entitled to take leave for thirty days counting from the date her child dies, but the leave period under the maternity regime shall not exceed the period specified in Clause 1 of this Article; this period shall not be counted into the period of leave for personal reasons under the provisions of the law on labor.

3. In case only the father or the mother is covered by social insurance or both the father and mother are covered by social insurance and the mother dies in childbirth, the father or the person directly nursing the newborn child is entitled to the maternity regime until the child is full four months old.

4. The period of leave under the maternity regime specified in Clauses 1, 2 and 3 of this Article includes public holidays, New Year holidays and weekends.

Article 32.- Period of leave for enjoying the maternity regime upon child adoption

Laborers adopting a child of under four months old are entitled to take leave for enjoying the maternity regime until the child is full four months old.

Article 33.- Period of leave for enjoying the regime when taking contraceptive measures

1. When being implanted with UIDs, laborers are entitled to a seven-day leave.

2. When taking sterilization measures, laborers are entitled to a fifteen-day leave.

3. The period of leave for enjoying the maternity regime specified in Clauses 1 and 2 of this Article includes public holidays, New Year holidays and weekends.

Article 34.- Lump-sum allowance upon childbirth or child adoption

Female laborers after giving birth or laborers adopting a child of under four months old are entitled to a lump-sum allowance equivalent to two months' common minimum salary for each child.

When only the father is covered by social insurance and the mother dies in childbirth, the father are entitled to a lump-sum allowance equivalent to two months' common minimum salary for each child.

Article 35.- Level of maternity allowance

1. Laborers entitled to the maternity regime under Articles 29, 30, 31, 32 and 33 of this Law are entitled to 100% of the average of the monthly salary or remuneration of six months preceding the leave on which social insurance premiums are based.

2. The period of leave for enjoying the maternity regime shall be counted as the period of payment of social insurance premiums. During this period, laborers and employers are not required to pay social insurance premiums.

Article 36.- Female laborers going to work before the expiry of the maternity leave period

1. Female laborers may go to work before the expiry of the maternity leave period specified in Clause 1 or Clause 2, Article 31 of this Law when the following conditions are fully met:

a/ At least full sixty days after childbirth;

b/ Having the medical establishment's certification that working shall not harm their health;

c/ Notifying in advance and getting the prior consent of their employers.

2. Apart from the salary or remuneration paid for their working days, the female laborers going to work before the expiry of the maternity leave period is also entitled to the maternity regime until the end of the period specified in Clause 1 or 2 of Article 31 of this Law.

Article 37.- Convalescence and health rehabilitation after childbirth

1. If female laborers remain weak after the maternity leave period provided for in Article 30, Clause 1 or Clause 2 of Article 31 of this Law, they may take leave for convalescence and health rehabilitation for between five and ten days a year.

2. The daily benefit level shall be equivalent to 25% of the common minimum salary, if they take leave for convalescence and health rehabilitation at home; or 40% of the common minimum salary, if they have convalescence and health rehabilitation at a rest home.

Section 3. LABOR ACCIDENT AND OCCUPATIONAL DISEASE REGIMES

Article 38.- Coverage of the labor accident and occupational disease regimes

The labor accident and occupational disease regimes covers laborers specified at Points a, b, c, d and e of Clause 1, Article 2 of this Law.

Article 39.- Conditions for enjoying the labor accident regime

Laborers are entitled to the labor accident regime when fully satisfying the following conditions:

1. Getting an accident in one of the following cases:

a/ At workplace and during working hours;

b/ Outside the workplace or beyond working hours while on assignment by their employers;

c/ En route to and from residence and workplace within a reasonable time and on the reasonable route;

2. Suffering from a working capacity decrease of at least 5% due to accidents provided for in Clause 1 of this Article.

Article 40.- Conditions for enjoying the occupational disease regime

Laborers are entitled to the occupational disease regime when fully satisfying the following conditions:

1. Suffering from a disease on the list of occupational diseases, promulgated by the Health Ministry and the Ministry of Labor, War Invalids and Social Affairs when working in the environment or performing a job involving hazardous elements;

2. Suffering from a working capacity decrease of at least 5% due to a disease specified in Clause 1 of this Article.

Article 41.- Assessment of working capacity decrease

1. Laborers suffering from a labor accident or an occupational disease are entitled to assessment or re-assessment of their working capacity decrease when falling into one of the following cases:

a/ Their health conditions have become stable after treatment of an injury or a disease;

b/ Their health conditions have become stable after treatment of a recurring injury or disease.

2. Laborers are entitled to thorough assessment of their working capacity decrease when falling into one of the following cases:

a/ Suffering both a labor accident and an occupational disease;

b/ Getting labor accidents repeatedly;

c/ Suffering from various occupational diseases.

Article 42.- Lump-sum allowance

1. Laborers suffering from working capacity decrease of between 5% and 30% are entitled to a lump-sum allowance.

2. The lump-sum allowance levels are specified as follows:

a/ Laborers with a 5% working capacity decrease are entitled to five months' common minimum salary, which shall be added with 0.5 of the monthly common minimum salary for more 1% of working capacity decrease;

b/ Apart from the allowance level specified at Point a of this Clause, laborers are entitled to an additional allowance calculated according to the number of years of paying social insurance premiums, which is equivalent to 0.5 of the salary or remuneration of the month preceding the leave on which social insurance premiums are based, for one year or less, and added with 0.3 of such salary or remuneration for each more year of paying social insurance premiums.

Article 43.- Monthly allowance

1. Laborers suffering from a working capacity decrease of at least 31% are entitled to a monthly allowance.

2. The monthly allowance levels are provided for as follows

a/ Laborers with a 31% working capacity decrease are entitled to a monthly allowance equivalent to 30% of the common minimum salary, which shall be added with 2% of the common minimum salary for each additional 1% of decrease;

b/ Apart from the allowance level specified at Point a of this Clause, laborers are entitled to a monthly allowance calculated according to the number of yeas of paying social insurance premiums, which is equivalent to 0.5% of the salary or remuneration of the month preceding the leave on which social insurance premiums are based, for one year or less, and added with 0.3 of such salary or remuneration for each more year of paying social insurance premiums.

Article 44.- Starting time for enjoying allowances

1. The time when laborers start to enjoy allowances specified in Articles 42, 43 and 46 of this Law is the month they are completely treated and discharged from hospital.

2. When their injury or sickness recurs and laborers have their working capacity decrease level re-assessed, the starting time for enjoying new allowances is the month when the Medical Assessment Council conclusions are available

Article 45.- Supply of daily-life aid equipment and orthopedic devices

Laborers suffering from a labor accident or occupational disease which damages the function of their body shall be provided with daily-life aid equipment and/or orthopedic devices, depending on the status of their injury or sickness.

Article 46.- Attendance allowance

Laborers who suffer from a working capacity decrease of at least 81% due to rachioplegia, total blindness, paraplegia, amputation of two legs or a mental disease are entitled to a monthly attendance allowance equivalent to the common minimum salary in addition to the allowance specified in Article 43 of this Law.

Article 47.- Lump-sum allowance for death due to labor accident or occupational disease

For working laborers who die from a labor accident or of an occupational disease or die during the period of first-time medical treatment due to a labor accident or an occupational disease, their relatives are entitled to a lump-sum allowance equivalent to thirty six months' common minimum salary.

Article 48.- Convalescence and health rehabilitation after treatment of injury or sickness

1. Laborers who remain weak though their health conditions have become stable after treatment of injury caused by labor accident or of sickness caused by occupational disease are entitled to take leave for convalescence and health rehabilitation for between five and ten days.

2. The daily benefit is equivalent to 25% of the common minimum salary, if laborers take leave for convalescence and health rehabilitation at home, or 40% of the common minimum salary, if laborers take leave for convalescence and health rehabilitation at a rest home.

Section 4. RETIREMENT REGIME

Article 49.- Coverage of the retirement regime

The retirement regime covers laborers specified in Clause 1, Article 2 of this Law.

Article 50.- Conditions for enjoying retirement pension

1. Laborers specified at Points a, b, c and f of Clause 1, Article 2 of this Law, who have paid social insurance premiums for full twenty years or more are entitled to retirement pension when falling into one of the following cases:

a/ Being sixty years old for men or fifty five years old for women;

b/ Being between full fifty five years and full sixty years old for men or between full fifty years and full fifty five years old for women and having performed heavy, hazardous or dangerous occupations or jobs on the list of those promulgated by the Ministry of Labor, War Invalids and Social Affairs and the Health Ministry for full fifteen years, or having worked in regions with regional allowance coefficient of 0.7 or more for full fifteen years. In a number of other special cases, the retirement age of persons entitled to retirement pension shall be as stipulated by the Government.

2. Laborers specified at Point d, Clause 1, Article 2 of this Law and having paid social insurance premiums for full twenty years or more are entitled to retirement pension when falling into one of the following cases:

a/ Being full fifty five years old for men or full fifty years old for women, unless otherwise provided for by the Law on Officers of the Vietnam People's Army or the Law on People's Police.

b/ Being between full fifty years and full fifty five years old for men or between full forty five years and full fifty years old for women and having performed heavy, hazardous or dangerous occupations or jobs on the list of those promulgated by the Ministry of Labor, War Invalids and Social Affairs and the Health Ministry for full fifteen years, or having worked in regions with regional allowance coefficient of 0.7 or more for full fifteen years.

Article 51.- Conditions for enjoying retirement pension upon working capacity decrease

Laborers specified at Points a, b, c, d and f, Clause 1, Article 2 of this Law, who have paid social insurance premiums for full twenty years or more and suffered from working capacity decrease of at least 61%, are entitled to retirement pensions lower than those for qualified persons specified in Article 50 of this Law when falling into one of the following cases:

1. Being full fifty years old for men or forty five years old for women;

2. Having performed especially heavy, hazardous or dangerous occupations or jobs on the list of those promulgated by the Ministry of Labor, War Invalids and Social Affairs and the Health Ministry for full fifteen years or more.

Article 52.- Monthly retirement pension

1. The monthly retirement pension of qualified laborers specified in Article 50 of this Law is equivalent to 45% of the average monthly salary or remuneration on which social insurance premiums are based specified in Article 58, Article 59 or Article 60 of this Law, corresponding to fifteen years of paying social insurance premiums, which shall be added with 2% for men or 3% for women for each additional year of paying social insurance premiums; the maximum rate is equivalent to 75%.

2. The monthly retirement pension of qualified laborers specified in Article 51 of this Law shall be calculated as provided for in Clause 1 of this Article, which shall be then reduced by 1% for each year of early retirement.

3. The lowest monthly retirement pension is equivalent to the common minimum salary.

Article 53.- Adjustment of retirement pensions

Retirement pensions shall be adjusted on the basis of the rise in cost-of-living index and economic growth. The specific adjustment levels shall be stipulated by the Government.

Article 54.- Lump-sum allowance upon retirement

1. Laborers who have paid social insurance premiums for more than thirty years for men or for more than twenty five years for women are, upon retirement, entitled to a lump-sum allowance besides their retirement pension.

2. The lump-sum allowance level shall be calculated according to the number of years of paying social insurance premiums, counting from the thirty-first year on for men and the twenty-sixth year on for women. For each year of paying social insurance premiums, laborers are entitled to 0.5 of the average monthly salary or remuneration on which social insurance premiums are based.

Article 55.- Lump-sum social insurance benefit for persons ineligible for enjoying retirement pension

1. Laborers specified at Points a, b, c and f, Clause 1, Article 2 of this Law are entitled to lump-sum social insurance benefit when falling into one of the following cases:

a/ They have reached the retirement age specified in Clause 1, Article 50 of this Law while having paid social insurance premiums for less than twenty years;

b/ They have suffered from working capacity decrease of at least 61% while having paid social insurance premiums for less than twenty years;

c/ They discontinue paying social insurance premiums after one-year leave and request lump-sum social insurance benefit while having paid social insurance premiums for less than twenty years;

d/ They settle abroad.

2. Laborers specified at Points d and e, Clause 1, Article 2 of this Law are entitled to a lump-sum social insurance benefit when they are demobilized from the army or leave their job but are ineligible for enjoying retirement pension.

Article 56.- Levels of lump-sum social insurance benefit

The level of lump-sum social insurance benefit shall be calculated based on the number of years of paying social insurance premiums; for each year, laborers are entitled to one month and a half of the average monthly salary or remuneration on which social insurance premiums are based.

Article 57.- Reservation of social insurance premium payment period

Laborers, when leaving their jobs but ineligible for enjoying retirement pension provided for in Articles 50 and 51 or having not yet enjoyed lump-sum social insurance benefit provided for in Articles 56 and 56 of this Law are entitled to reserve their social insurance premium payment period.

Article 58.- Average of monthly salaries or remuneration on which social insurance premiums are based for calculation of retirement pension and lump-sum allowance for laborers participating in social insurance before January 1, 1995

1. For laborers subject to the salary regime set by the State and having the entire period of social insurance premium payment under such salary regime, the calculation shall be based on the average of monthly salaries or remuneration on which social insurance premiums are based in the last five years prior to their retirement.

2. For laborers having the entire period of social insurance premium payment under the salary regime decided by their employers, the calculation shall be based on the average of monthly salaries or remuneration on which social insurance premiums are based in the entire period.

3. For laborers who have both a social insurance premium payment period under the salary regime set by the State and a social insurance premium payment period under the salary regime decided by their employers, the calculation shall be based on the average of monthly salaries or remuneration on which social insurance premiums are based in these periods, for the payment period under the salary regime set by the State, the average of monthly salaries on which social insurance premiums are based shall be calculated according to the provisions of Clause 1 of this Article.

Article 59.- Average of monthly salaries or remuneration on which social insurance premiums are based for calculation of retirement pension and lump-sum allowance for laborers participating in social insurance from January 1, 1995, to before the effective date of the Law on Social Insurance

1. For laborers subject to the salary regime set by the State and having the entire period of social insurance premium payment under such salary regime, the calculation shall be based on the average of monthly salaries in the years of paying social insurance premiums prior to their retirement as follows:

a/ If they paid social insurance premiums for the period from January 1, 1995, to December 31, 2000, the calculation shall be based on the average of monthly salaries on which social insurance premiums are based in the last six years prior to their retirement;

b/ If they paid social insurance premiums for the period from January 1, 2001, to December 31, 2006, the calculation shall be based on the average of monthly social salaries on which social insurance premiums are based in the last eight years prior to their retirement.

2. For laborers having the entire period of social insurance premium payment under the salary regime decided by their employers, the calculation shall be based on the average of monthly salaries or remuneration on which social insurance premiums are based in the entire period.

3. For laborers with both a period of social insurance premium payment under the salary regime set by the State and a period of social insurance premium payment under the salary regime decided by their employers, the calculation shall be based on the average of monthly salaries or remuneration on which social insurance premiums are based in these periods, in which for the period of social insurance premium payment under the salary regime set by the State, the calculation shall be based on the average of monthly salaries on which social insurance premiums are paid under the provisions of Clause 1 of this Article.

Article 60.- Average of monthly salary or remuneration on which social insurance premiums are based for calculation of retirement pension and lump-sum allowance for laborers participating in social insurance from the effective date of the Law on Social Insurance

1. For laborers subject to the salary regime set by the State and having the entire period of social insurance premium payment under such salary regime, the calculation shall be based on the average of monthly salaries on which social insurance premiums are based in the last ten years prior to their retirement.

2. For laborers having the entire period of social insurance premium payment under the salary regime decided by their employers, the calculation shall be based on the average of monthly salary or remuneration on which social insurance premiums are based in the entire period.

3. For laborers with both a period of social insurance premium payment under the salary regime set by the State and a period of social insurance premium payment under the salary regime decided by their employers, the calculation shall be based on the average of monthly salary or remuneration on which social insurance premiums are based of these periods; for the period of social insurance premium payment under the salary regime set by the State, the calculation shall be based on the average of monthly salaries on which social insurance premiums are based according to the provisions of Clause 1 of this Article.

Article 61.- Adjustment of salaries and remuneration for which social insurance premiums have been paid

1. Salaries for which social insurance premiums have been paid, which serve as the basis for calculation of the average monthly social insurance payment salary for laborers specified in Clause 1, Article 94 of this Law, shall be adjusted on the basis of the common minimum salary at the time of enjoying the retirement regime.

2. Salaries and remuneration for which social insurance premiums have been paid, which serve as the basis for calculation of the average monthly salary or remuneration on which social insurance premiums are based for laborers specified in Clause 2, Article 94 of this Law shall be adjusted on the basis of the cost-of living index of each period under regulations of the Government.

Article 62.- Suspension from enjoyment of monthly retirement pension or social insurance allowance

Laborers enjoying a monthly retirement pension or social insurance allowance shall be suspended from enjoying such retirement pension or social insurance allowance in one of the following cases:

1. They are subject to an imprisonment sentence, which is not suspended;

2. They illegally leave the country;

3. They are declared missing by the court.

Section 5. SURVIVORSHIP REGIME

Article 63.- Funeral allowance

1. When the following subjects die, the persons who take care of their funeral are be entitled to a funeral allowance:

a/ Laborers specified in Clause 1, Article 2 of this Law, who are paying social insurance premiums;

b/ Laborers who reserve a period of social insurance premium payment;

c/ Persons who are on retirement pension; monthly labor accident or occupational disease allowance and have ceased working.

2. The funeral allowance is equivalent to ten months' common minimum salary.

3. When the subjects specified in Clause 1 of this Article are declared dead by the court, their relatives are entitled to receive the allowance specified in Clause 2 of this Article.

Article 64.- Cases of eligibility for monthly survivorship allowance

1. When subjects specified in Clause 1, Article 63 of this Law, who fall into one of the following cases, die, their relatives are entitled to a monthly survivorship allowance:

a/ They have paid social insurance premiums for full fifteen years or more but have not yet received a lump-sum social insurance benefit;

b/ They are on retirement pension;

c/ They die of a labor accident or an occupational disease;

d/ They are on monthly labor accident or occupational disease allowance for the working capacity decrease of at least 61%.

2. Relatives of the subjects specified in Clause 1 of this Article who are eligible for monthly survivorship allowance include:

a/ Children of under fifteen years old; children of under eighteen who are still going to school; children of full fifteen years or older who suffer from working capacity decrease of at least 81%;

b/ Wives of full fifty five years or older or husbands of full sixty years or older; wives of under fifty five years old or husbands of under sixty years old, who suffer from working capacity decrease of at least 81%;

c/ Natural fathers, natural mothers, fathers-in-law, mothers-in-law, other persons whom these subjects are obliged to nurture, who are full sixty years or older for men or full fifty five years or older for women;

d/ Natural fathers, natural mothers, fathers-in-law, mothers-in-law, other persons whom these subjects are obliged to nurture, who are under sixty years old for men or under fifty five years old for women and suffer from working capacity decrease of at least 81%.

The relatives specified at Points b, c and d of this Clause must have no income or have monthly incomes lower than the common minimum salary.

Article 65.- Levels of monthly survivorship allowance

1. The monthly survivorship allowance for each relative is equivalent to 50% of the common minimum salary; a relative who has no direct raiser is entitled to a monthly survivorship allowance equivalent to 70% of the common minimum salary.

2. For dead persons specified in Clause 1, Article 64 of this Law, the number of relatives entitled to a monthly survivorship allowance shall not exceed four; in cases of two or more dead persons, their relatives are entitled to two times the allowance specified in Clause 1 of this Article.

3. The duration of enjoying a monthly survivorship allowance begins on the month following the month the laborer or person on retirement pension or labor accident or occupational disease allowance dies.

Article 66.- Cases of eligibility for lump-sum survivorship allowance

When the subjects specified in Clause 1, Article 63 of this Law, who fall into one of the following cases, die, their relatives are entitled to a lump-sum survivorship allowance:

1. The dead persons do not fall into the cases specified in Clause 1, Article 64 of this Law;

2. The dead persons fall into one of the cases specified in Clause 1 of Article 64 but have no relative eligible for monthly survivorship allowance specified in Clause 2, Article 64 of this Law.

Article 67.- Level of lump-sum survivorship allowance

1. The level of lump-sum survivorship allowance for relatives of laborers who are working or laborers who reserve a social insurance premium payment period before their death shall be calculated on the basis of the number of years of paying social insurance premiums, with each year equivalent to one and a half month of the average monthly salary or remuneration on which social insurance premiums are based; the lowest level shall be equivalent to three months' average monthly salary or remuneration.

2. The level of lump-sum survivorship allowance for relatives of laborers who are on retirement pension before their death shall be calculated on the basis of the period of enjoying retirement pension. If they die within the first two months of enjoying the retirement pension, the allowance level is equivalent to forty eight months of the retirement pension they are enjoying; if they die in subsequent months, for each additional month receiving the retirement pension, the allowance level is reduced by 0.5 of the monthly retirement pension; the lowest level is equivalent to three months of the currently enjoyed retirement pension.

Article 68.- Calculation of the retirement regime and survivorship allowance regime for persons who paid voluntary social insurance premiums then paid compulsory social insurance payment

1. For laborers who paid voluntary social insurance premiums then paid compulsory social insurance premiums, the calculation of their retirement regime or survivorship allowance regime shall be based on the period of paying voluntary social insurance premiums plus the period of paying compulsory social insurance premiums.

2. For laborers specified in Clause 1 of this Article, the calculation of average monthly salary or remuneration or average monthly income on which social insurance premiums are based shall be as stipulated by the Government.