Chương VIII Luật Bảo hiểm xã hội 2006: Thủ tục thực hiện bảo hiểm xã hội

Chapter VIII

SOCIAL INSURANCE IMPLEMENTATION PROCEDURES

Article 109.- Social insurance books

1. Social insurance books shall be granted to individual laborers for monitoring the payment and enjoyment of social insurance regimes and serve as a basis for settlement of social insurance regimes under the provisions of this Law. The form of social insurance books shall be set by the social insurance organization.

2. Social insurance books shall be gradually replaced by electronic social insurance cards in the course of applying information technology to social insurance management. The Government shall provide procedures for implementation of social insurance when electronic social insurance cards are used.

Article 110.- Social insurance participation dossiers

1. A compulsory social insurance participation dossier comprises:

a/ The written personal declaration of the laborer, made according to a form set by the social insurance organization;

b/ The list of laborers insured by compulsory social insurance, made by the employer;

c/ The copy of the founding decision or the business registration certificate or the operation license, for employers participating in social insurance for the first time; the labor contracts, for employers being individuals who hire or employ laborers.

2. A voluntary social insurance participation dossier is the written personal declaration, made according to a form set by the social insurance organization.

3. An unemployment insurance participation dossier comprises:

a/ The written personal declaration, made according to a form set by the social insurance organization;

b/ The list of laborers covered by unemployment insurance, made by the employer.

Article 111.- Grant of social insurance books

1. Within thirty days as from the date of concluding a labor contract, a working or recruitment contract, the employer shall submit social insurance participation dossiers to the social insurance organization as provided for in Clauses 1 and 3, Article 110 of this Law.

2. Laborers shall submit social insurance participation dossiers to the social insurance organization under the provisions of Clause 2, Article 110 of this Law.

3. The social insurance organization shall grant social insurance books within thirty days after the date of receipt of the valid dossiers from persons participating in compulsory social insurance or unemployment insurance; twenty days after the date of receipt of the valid dossiers of persons participating in voluntary social insurance; if refusing to grant, it shall give written replies, clearly stating the reason therefor.

Article 112.- Dossiers for enjoyment of the sickness regime

1. The social insurance book.

2. The written certification of sickness leave for laborers being out-patients, the hospital-discharge paper, for laborers hospitalized at a medical establishment, the hospital discharge paper or diagnosis card of a hospital, for laborers suffering from a disease on the list of those requiring long-term treatment.

3. Employer's written certification of the working conditions of the laborer who performs a heavy, hazardous or dangerous occupation or job, or works regularly in a region with the regional allowance coefficient of 0.7% or more.

4. Employer's written certification of the leave duration to take care of the laborer's sick child, accompanied with the child's medical examination paper, for laborers taking leave to look after their sick children.

5. The lists of persons who take sickness leave and persons who take leave to look after their sick children, made by the employer.

Article 113.- Dossiers for enjoyment of the maternity regime

1. The social insurance book.

2. The copy of the written birth certification or the copy of the birth certificate of the child or the death certificate in case the newborn or the mother dies in childbirth.

When female laborers have prenatal checks-up, miscarriage, abortion, fetocytosis or stillbirth or laborers apply contraceptive measures, the written certification of a competent medical establishment is required; when they adopt children of under four months old, the law-specified certification is required.

3. Employer's certification of the working conditions for the laborer who performs a heavy, hazardous or dangerous occupation or job; works under the three-working shift regime; regularly works in a region with the regional allowance coefficient of 0.7% or more, or the employer's certification that the female laborer is disabled.

4. The list of persons enjoying the maternity regime, made by the employer.

Article 114.- Dossiers for enjoyment of the labor accident regime

1. The social insurance book.

2. The investigation record of the labor accident; when the traffic accident is determined as a labor accident, the record on the traffic accident is additionally required.

3. The hospital-discharge paper after the treatment following the labor accident.

4. The record on examination of the working capacity decrease, made by the Medical Assessment Council.

5. The written request for settlement of the labor accident regime.

Article 115.- Dossiers for enjoyment of the occupational disease regime

1. The social insurance book.

2. The record on measurement of the contaminated environment; when the record gives certification for many persons, the dossier of each laborer must contain an extract thereof.

3. The hospital discharge paper upon treatment of the occupational disease; in case of treatment not at a hospital, a paper on occupational disease examination is required.

4. The record on examination of the working capacity decrease of the Medical Assessment Council.

5. The written request for settlement of the occupational disease regime.

Article 116.- Dossiers for enjoyment of convalescence, health rehabilitation allowances

1. The list of persons who have enjoyed the sickness, maternity, labor accident or occupational disease regime but remain weak, made by the employer.

2. The written request for settlement of the convalescence, health rehabilitation allowances.

Article 117.- Settlement of the sickness and maternity regimes and convalescence and health rehabilitation allowances after sickness or maternity

1. Within three working days after the date of receipt of the relevant complete and valid dossiers from laborers specified in Articles 112 and 113 of this Law, employers shall settle the sickness or maternity regime for laborers.

2. Quarterly, employers shall submit the dossiers of the laborers for whom the sickness or maternity regime or convalescence and health rehabilitation allowances have been settled to the social insurance organization under the provisions of Articles 112, 113 and 116 of this Law.

3. The social insurance organization shall make the settlement thereof within fifteen days after the date of receipt of the valid dossiers; in case of non-settlement, it shall reply in writing, clearly stating the reason therefor.

Article 118.- Settlement of the labor accident and occupational disease regimes, convalescence and health rehabilitation allowances after treatment following labor accidents or of occupational diseases

1. Employers shall submit the dossiers to the social insurance organization as provided for in Articles 114, 115 and 116 of this Law.

2. The social insurance organization shall settle the regimes within fifteen days after the date of receipt of the valid dossiers; in case of non-settlement, it shall reply in writing, clearly stating the reason therefor.

Article 119.- Dossiers for enjoyment of retirement pensions for persons participating in compulsory social insurance

1. The social insurance book.

2. The decision on retirement from work, for persons who are paying social insurance premiums; the written request for enjoyment of retirement pension, for persons who are reserving their social insurance payment duration.

3. The record on examination of the working capacity decrease, made by the Medical Assessment Council, for pensioners under the provisions of Article 51 of this Law.

Article 120.- Dossiers for enjoyment of lump-sum social insurance indemnities by persons participating in compulsory social insurance

1. The social insurance book.

2. The decision on retirement from work, for cases defined at Point a, Clause 1 of Article 55; the decision on demobilization from the army or job severance, for cases specified in Clause 2, Article 55 of this Law.

3. The record on examination of the working capacity decrease, made by the Medical assessment council, for cases defined at Point b, Clause 1, Article 55 of this Law.

4. A copy of the overseas settlement paper, for cases defined at Point d, Clause 1, Article 55 of this Law.

5. The laborer's written request, for cases defined at Point c, Clause 1, Article 55 of this Law.

Article 121.- Dossiers for enjoyment of the survivorship allowance regime for persons participating in compulsory social insurance

1. For persons participating in social insurance and persons reserving the social insurance payment period, a dossier for enjoyment of the survivorship allowance regime comprises:

a/ The social insurance book;

b/ The death certificate, death notification or court decision declaring such person dead;

c/ The relative's declaration, made according to a form set by the social insurance organization;

d/ The record on investigation of the labor accident, the medical records on treatment of occupational disease, for the case of death due to a labor accident or an occupational disease.

2. For persons currently enjoying retirement pensions, monthly labor or occupational disease allowances with the working capacity decrease of 61% or more, a dossier for enjoyment of survivorship allowance comprises:

a/ The death certificate, death notification or court decision declaring such person dead;

b/ The relative's declaration, made according to a form set by the social insurance organization.

Article 122.- Settlement of enjoyment of retirement pensions, lump-sum social insurance indemnities, survivorship allowances for persons participating in compulsory social insurance

1. Employers shall submit dossiers to the social insurance organization under the provisions of Articles 119 and 120 and Clause 1 of Article 121 of this Law.

2. Laborers who are no longer involved in labor relations shall submit dossiers directly to the social insurance organization under the provisions of Articles 119 and 120 of this Law.

3. Relatives of persons who are enjoying retirement pensions, monthly labor accident or occupational disease allowances with the working capacity decrease of 61% or more shall submit dossiers to the social insurance organization under the provisions of Clause 2, Article 121 of this Law.

4. The social insurance organization shall settle the case within thirty days after the date of receipt of the valid dossier, for persons enjoying retirement pensions; fifteen days after the date of receipt of the valid dossier, for the case of enjoying lump-sum social insurance indemnities or survivorship allowances; in case of non-settlement, it shall reply in writing, clearly stating the reason therefor.

Article 123.- Dossiers for enjoyment of retirement pensions, lump-sum social insurance indemnities or the survivorship allowance regime for persons participating in voluntary social insurance

1. A dossier for enjoyment of retirement pension or lump-sum social insurance indemnities comprises:

a/ The social insurance book;

b/ The personal declaration, made according to a form set by the social insurance organization.

2. A dossier for enjoyment of the survivorship allowance regime comprises:

a/ The social insurance book, for persons who are paying social insurance premiums;

b/ The death certificate, death notification or court decision declaring such person dead;

c/ The relative's declaration, made according to a form set by the social insurance organization.

Article 124.- Settlement of enjoyment of the retirement regime or survivorship allowance regime for persons participating in voluntary social insurance

1. Laborers shall submit dossiers to the social insurance organizations under the provisions of Clause 1 of Article 123; relatives of the persons enjoying retirement pensions shall submit dossiers as provided for in Clause 2, Article 123 of this Law.

2. The social insurance organization shall settle the case within twenty days after the date of receipt of the valid dossier, for persons enjoying pensions; ten days after the date of receipt of the valid dossier, for the case of enjoying lump-sum social insurance indemnities or the survivorship allowance regime; in case of non-settlement, it shall reply in writing, clearly stating the reason therefor.

Article 125.- Dossiers for enjoyment of unemployment insurance indemnities

1. The written request for enjoyment of unemployment insurance indemnities, made according to a form set by the social insurance organization.

2. A copy of the expired labor contract, working contract or the agreement on termination of the labor contract, working contract or the certification by the last employing unit of the lawful unilateral termination of the labor contract or working contract.

Article 126.- Settlement of enjoyment of unemployment insurance indemnities

1. Laborers shall submit dossiers to the social insurance organization under the provisions of Article 125 of this Law.

2. The social insurance organization shall settle the case within twenty days after the date of receipt of the valid dossier; in case of non-settlement, it shall reply in writing, clearly stating the reason therefor.

Article 127.- Dossiers for enjoyment of retirement pensions or social insurance allowances, for persons who have completely served imprisonment penalties

1. For persons who have not yet enjoyed retirement pensions or social insurance allowances, a dossier comprises:

a/ The social insurance book;

b/ The copy of the certificate of complete serving of the imprisonment penalty;

c/ The written request for enjoyment of social insurance indemnities.

2. For persons who had enjoyed retirement pensions, social insurance allowances, a dossier comprises:

a/ A copy of the certificate of complete serving of the imprisonment penalty;

b/ The written request for continued enjoyment of social insurance indemnities.

Article 128.- Settlement of enjoyment of retirement pensions or lump-sum social insurance indemnities, for persons who have completely served imprisonment penalties

1. Laborers shall submit dossiers to the social insurance organization under the provisions of Article 127 of this Law.

2. The social insurance organization shall settle the case within thirty days after the date of receipt of the valid dossier; in case of non-settlement, they shall reply in writing, clearly stating the reason therefor.

Article 129.- Change of places of enjoyment of retirement pensions or social insurance allowances

When persons enjoying retirement pensions or monthly social insurance allowances move to other places of residence within the country and wish to enjoy social insurance at the new place, they must file their applications to the social insurance organization of the old place where they are enjoying social insurance regimes.

The social insurance organization shall settle the case within five days after the date of receipt of the applications; in case of non-settlement, they shall reply in writing, clearly stating the reasons therefor.