Chương IV Luật Bảo hiểm xã hội 2006: Bảo hiểm xã hội tự nguyện

Chapter IV

VOLUNTARY SOCIAL INSURANCE

Section 1. RETIREMENT REGIME

Article 69.- Coverage the retirement regime

Voluntary social insurance covers laborers specified in Clause 5, Article 2 of this Law.

Article 70.- Conditions for enjoying retirement pension

1. Laborers are entitled to retirement pension when satisfying all the following conditions:

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

b/ Having paid social insurance premiums for full twenty years or more.

2. When men who are full sixty years old or women who are full fifty five years old have their social insurance premium payment period five years at most shorter than the period specified at Point b, Clause 1 of this Article, they may continue paying social insurance premiums until their social insurance premium payment period reaches full twenty years.

Article 71.- Level of monthly retirement pension

1. The level of monthly retirement pension is equivalent to 45% of the monthly income on which social insurance premiums are based specified in Article 76 of this Law corresponding to fifteen years of paying social insurance premiums, which shall be then added by 2% for men and 3% for women for each additional year of paying social insurance premiums; the maximum level is equivalent to 75%.

2. The adjustment of retirement pension shall be as provided for in Article 53 of this Law.

Article 72.- 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, in addition to retirement pension, entitled to a lump-sum allowance upon retirement.

2. The level of lump-sum allowance shall be calculated on the basis of the number of years of paying social insurance premiums, counting from the thirty first year on, for men or from the twenty sixth year on for women. Each year of paying social insurance premiums is equivalent to 0.5 month's average monthly income on which social insurance premiums are based.

Article 73.- Lump-sum social insurance benefit for persons ineligible for monthly retirement pension

Laborers are entitled to a lump-sum social insurance benefit when falling into one of the following cases:

1. Men who are full sixty years old or women who are full fifty five years old fail to have full twenty years of paying social insurance premiums, except for cases specified in Clause 2, Article 70 of this Law.

2. They discontinue paying social insurance premiums and wish to receive lump-sum social insurance benefit while failing to have full twenty years of paying social insurance premiums.

3. They settle abroad.

Article 74.- Level of lump-sum social insurance benefit

The level of lump-sum social insurance benefit shall be calculated on the basis of 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 income on which social insurance premiums are based.

Article 75.- Reservation of social insurance premium payment period

Laborers who stop paying voluntary social insurance premiums but are still ineligible for retirement pension as provided for in Article 70 or have not yet received a lump-sum social insurance benefit under the provisions in Articles 73 and 74 of this Law are entitled to reserve their social insurance premium payment period.

Article 76.- Average monthly income on which social insurance premiums are based

1. The average monthly income on which social insurance premiums are based is the average of all monthly incomes on which social insurance premiums are based in the entire period.

2. Monthly incomes for which social insurance premiums have been paid, which serve as the basis for calculation of the average monthly income on which social insurance premiums are based, shall be adjusted on the basis of the cost-of-living index of each period stipulated by the Government.

Section 2. SURVIVORSHIP ALLOWANCE REGIME

Article 77.- Funeral allowance

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

a/ Laborers who have paid social insurance premiums for at least five years;

b/ Persons who are on pension.

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 the allowance specified in Clause 2 of this Article.

Article 78.- Survivorship allowance

1. When laborers who are paying social insurance premiums, laborers who reserve a social insurance premium payment period or persons who are on pension die, their relatives are entitled to a lump-sum survivorship allowance.

2. The level of lump-sum survivorship allowance for relatives of laborers paying social insurance premiums or laborers reserving a social insurance premium payment period shall be calculated on the basis of the number of years of paying social insurance premiums; for each year, relatives are entitled to one month and half of the average monthly income on which social insurance premiums are based.

3. The level of lump-sum survivorship allowance for relatives of persons who are on pension shall be calculated on the basis of such persons' period of enjoying retirement pension; if they die within the first two months of enjoying retirement pension, such allowance is equivalent to forty eight months of the currently enjoyed retirement pensions; if they die in subsequent months, for each additional month of enjoying retirement pension, the allowance shall be reduced by half of the monthly retirement pension.

Article 79.- Calculation of the retirement regime and survivorship allowance regime for persons who paid compulsory social insurance premiums then voluntary social insurance premiums

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

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