Chương III Luật Bảo hiểm xã hội 2014: Bảo hiểm xã hội bắt buộc

Chapter III

COMPULSORY SOCIAL INSURANCE

Section 1. SICKNESS BENEFITS

Article 24. Coverage of the sickness benefits

The sickness benefits covers employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law.

Article 25. Conditions for enjoying the sickness benefits

1. Employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.

The sickness benefits does not cover employees who take leave due to sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list.

2. Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.

Article 26. Period of enjoying the sickness benefits

1. The maximum period of enjoying the sickness benefits in a year for employees defined at Points a, b, c, d and h, Clause 1, Article 2 of this Law shall be counted in working days, excluding public holidays, New Year holidays and weekends, and is specified as follows:

a/ For employees working under normal conditions, this period is 30 days, if they have paid social insurance premiums for under 15 years; 40 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 60 days, if they have paid social insurance premiums for full 30 years or more;

b/ For employees doing heavy, hazardous or dangerous occupations or jobs extremely heavy, hazardous or dangerous occupations or jobs on the list issued by the Ministry of Labor, War Invalids and Social Affairs, or working in areas with a region-based allowance coefficient of 0.7 or higher, this period is 40 days, if they have paid social insurance premiums for under 15 year; 50 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 70 days, if they have paid social insurance premiums for full 30 years or more.

2. For employees who take leave due to diseases on the Ministry of Health-issued list of diseases requiring long-term treatment, the period of enjoying the sickness benefits is specified as follows:

a/ 180 days at most in a year, including public holidays, New Year holidays and weekends;

b/ If employees still need treatment after the expiration of the period specified at Point a of this Clause, they are entitled to continue enjoying the sickness benefits for a shorter period not exceeding the period of social insurance premium payment.

3. The period of enjoying the sickness benefits for employees defined at Point dd, Clause 1, Article 2 of this Law shall be based on the period of treatment at a competent health establishment.

Article 27. Leave period upon sickness of children

1. The leave period upon sickness of a child in a year shall be calculated based the number of days of care for the sick child, which must not exceed 20 working days, if the child is under 3 years old, or must not exceed 15 working days, if the child is between full 3 years and under 7 years old.

2. When both parents are covered by social insurance, the leave period of the father or mother upon sickness of a child must be as stipulated in Clause 1 of this Article.

The leave period upon sickness of children specified in this Article shall be counted in working days, excluding public holidays, New Year holidays and weekends.

Article 28. Allowance levels of the sickness benefits

1. Employees entitled to the sickness benefits prescribed in Clause 1, or at Point a, Clause 2, Article 26, or in Article 27, of this Law are entitled to a monthly allowance equal to 75% of the salary of the month preceding their leave on which social insurance premiums are based.

An employee who has just started working or who previously paid social insurance premiums and then ceased working for a certain time and has to take leave under the sickness benefits right in the first month after return to work, is entitled to an allowance equal to 75% of the salary of that month on which social insurance premiums are based.

2. For employees who continue enjoying the sickness benefits prescribed at Point b, Clause 2, Article 26 of this Law, the allowance must equal:

a/ 65% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for full 30 years or more;

b/ 55% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for between full 15 years and under 30 years;

c/ 50% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for under 15 years.

3. For employees entitled to the sickness benefits prescribed in Clause 3, Article 26 of this Law, the allowance must equal 100% of the salary of the month preceding their leave on which social insurance premiums are based.

4. The per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days.

Article 29. Convalescence and health rehabilitation after sickness

1. An employee who has taken leave under the sickness benefits for the full number of days in a year prescribed in Article 26 of this Law, but whose health has not yet recovered within 30 days after return to work, is entitled to a leave of between 5 days and 10 days in a year for convalescence and health rehabilitation.

The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period which lasts from the end of a year to the following year shall be counted for the previous year.

2. The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union has not yet been set up, specifically as follows:

a/ 10 days at most, for employees whose health has not yet recovered after suffering a disease requiring long-term treatment;

b/ 7 days at most, for employees whose health has not yet recovered after undergoing an operation;

c/ 5 days, in other cases.

3. The per-diem allowance for convalescence and health rehabilitation after sickness must equal 30% of the statutory pay rate.

Section 2. MATERNITY BENEFITS

Article 30. Coverage of the maternity benefits

The maternity benefits covers employees defined at Point a, b, c, d, dd and h, Clause 1, Article 2 of this Law.

Article 31. Conditions for enjoying the maternity benefits

1. Employees shall be covered by the maternity benefits in one of the following cases:

a/ Pregnant female employees;

b/ Female employees giving birth to children;

c/ Female employees as surrogate mothers and intended mothers;

d/ Employees adopting under-6-month children;

dd/ Female employees having intrauterine devices or employees taking sterilization measures;

e/ Male employees currently paying social insurance premiums whose wives give birth to children.

2. To enjoy the maternity benefits, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

3. To enjoy the maternity benefits, employees defined at Point b, Clause 1 of this Article who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.

4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.

Article 32. Leave period for prenatal checks-up

1. Pregnant female employees are entitled to take leaves for 5 prenatal checks-up, one day for each check-up; employees who live far from health establishments or have pathological signs or abnormal pregnancies are entitled to take a two-day leave for each prenatal check-up.

2. The leave period specified in this Article shall be counted in working days, excluding public holidays, New Year holidays and weekends.

Article 33. Leave period upon miscarriage, abortion, stillbirth or pathological abortion

1. When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:

a/ 10 days, for pregnancy of under 5 weeks;

b/ 20 days, for pregnancy of between 5 weeks and under 13 weeks; c/ 40 days, for pregnancy of between 13 weeks and under 25 weeks; d/ 50 days, for pregnancy of 25 weeks or more.

2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.

Article 34. Leave period for childbirth

1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.

The maternity leave period before childbirth must not exceed 2 months.

2. Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a paternity leave of:

a/ 5 working days;

b/ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;

c/ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;

d/ 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.

The paternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.

3. After childbirth, if an under-2-month child dies, the mother is entitled to a 4-month leave from the date of childbirth; if a child aged 2 months or older dies, the mother is entitled to a 2-month leave from the date of the child’s death, but the maternity leave period must not exceed the period specified in Clause 1 of this Article; such leave period shall not be included in the period of personal leave as prescribed by the labor law.

4. In case only the mother is covered by social insurance or both parents are covered by social insurance but the mother dies in childbirth, the father or the direct fosterer is entitled to a maternity leave for the remaining period applicable to the mother as specified in Clause 1 of this Article. In case the mother who is covered by social insurance but does not fully satisfy the conditions specified in Clause 2 or 3, Article 31 of this Law, dies, the father or the direct fosterer is entitled to a maternity leave until the child reaches full 6 months.

5. The father or the direct fosterer who is covered by social insurance but does not take a leave under Clause 4 of this Article is entitled to not only his/her salary but also the maternity benefits for the remaining period applicable to the mother as specified in Clause 1 of this Article.

6. In case only the father is covered by social insurance and the mother dies in childbirth or faces a postnatal risk that makes her unable to care for the child, as certified by a competent health establishment, the father is entitled to a maternity leave until the child reaches full 6 months.

7. The maternity leave period specified in Clause 1, 3, 4, 5 or 6 of this Article is inclusive of public holidays, New Year holidays and weekends.

Article 35. Maternity benefits of female employees as surrogate mothers and intended mothers

1. A female employee as surrogate mother is entitled to the prescribed benefits when getting prenatal check-ups, miscarriage, abortion, stillbirth or pathological abortion, and take a maternity leave until the time of relinquishing the child to the intended mother, with the leave period not exceeding the period specified in Clause 1, Article 34 of this Law. In case the maternity leave period is under 60 days from the date of childbirth to the time of relinquishing the child, surrogate mothers are entitled to continue enjoying the maternity benefits until such leave period reaches full 60 days, including public holidays, New Year holidays and weekends.

2. Intended mothers are entitled to a maternity leave from the time of receiving the child until the child reaches full 6 months.

3. The Government shall provide in detail the maternity benefits, and procedures for enjoying the maternity benefits applicable to female employees as surrogate mothers and intended mothers.

Article 36. Leave period for child adoption

Employees adopting an under-6-month child are entitled to a maternity leave until the child reaches full 6 months. In case both parents are covered by social insurance and fully satisfy the conditions for enjoying the maternity benefits as specified in Clause 2, Article 31 of this Law, either father or mother only is entitled to a maternity leave.

Article 37. Leave period when taking contraceptive measures

1. When taking contraceptive measures, employees are entitled to the maternity benefits as prescribed by competent health establishments. The maximum leave period is:

a/ 7 days, for female employees implanted with intrauterine devices;

b/ 15 days, for employees taking sterilization measures.

2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.

Article 38. Lump-sum allowance upon childbirth or child adoption

Female employees giving birth or employees adopting an under-6-month child are entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth or child adoption.

In case the mother gives birth to a child but only the father is covered by social insurance, the father is entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth.

Article 39. Allowance levels of the maternity benefits

1. For employees entitled to the maternity benefits as prescribed in Articles 32 thru 37 of this Law, the allowance levels shall be calculated as follows:

a/ A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of this Law, is the average of salaries of the months for which social insurance premiums have been paid;

b/ The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of this Law must equal the monthly maternity allowance divided by 24 days;

c/ The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance specified at Point a, Clause 1 of this Article; in case of odd days or the case specified in Article 33 or 37 of this Law, the per- diem allowance must equal the monthly allowance divided by 30 days.

2. The maternity leave period of 14 working days or more in a month shall be regarded as a period of social insurance premium payment. During this period, employees and employers are not required to pay social insurance premiums.

3. The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the conditions for and period of enjoyment and levels of allowances applicable to the subjects defined in Article 24, and Clause 1, Article 31, of this Law.

Article 40. Female employees going to work prior to the expiration of the maternity leave period

1. Female employees may go to work prior to the expiration of the maternity leave period specified in Clause 1 or 3, Article 34 of this Law when fully meeting the following conditions:

a/ Having taken a leave for at least 4 months;

b/ Notifying in advance their wish to go to work prior to the expiration of the maternity leave period and obtaining the consent of their employers.

2. Female employees who go to work prior to the expiration of the maternity leave period are entitled to not only salaries but also the maternity benefits until the expiration of the period specified in Clause 1 or 3, Article 34 of this Law.

Article 41. Convalescence and health rehabilitation after the maternity leave period

1. Female employees whose health has not yet recovered within the first 30 working days after the maternity leave period specified in Article 33, or Clause 1 or 3, Article 34, of this Law, are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.

The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period for convalescence and health rehabilitation which lasts from the end of a year to the following year shall be counted for the previous year.

2. The number of days of a leave period for convalescence and health rehabilitation specified in Clause 1 of this Article shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union organization has not yet been set up. The maximum leave period for convalescence and health rehabilitation is:

a/ 10 days, for female employees who give birth to twins or more infants;

b/ 7 days, for female employees who have a surgical birth;

c/ 5 days, in other cases.

3. The per-diem allowance for convalescence and health rehabilitation after maternity leave period must equal 30% of the statutory pay rate.

Section 3. OCCUPATIONAL ACCIDENT AND OCCUPATIONAL DISEASE BENEFITS

Article 42. Coverage of occupational accident and occupational disease benefits

Occupational accident and occupational disease benefits cover employees defined at Points a, b, c, d, dd, e and h, Clause 1, Article 2 of this Law.

Article 43. Conditions for enjoying the occupational accident benefits

Employees are entitled to the occupational accident benefits when fully satisfying the following conditions:

1. Getting accidents in one of the following cases:

a/ At the workplace and during working hours;

b/ Outside the workplace or beyond working hours while performing tasks assigned by their employers;

c/ On a route to and from residence and workplace within a rational time and on a rational route.

2. Suffering a working capacity decrease of 5% or more after getting accidents specified in Clause 1 of this Article.

Article 44. Conditions for enjoying the occupational disease benefits

Employees are entitled to the occupational disease benefits when fully satisfying the following conditions:

1. Getting a disease on the list of occupational diseases jointly issued by the Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs, when working in a hazardous environment or doing hazardous jobs;

2. Suffering a working capacity decrease of 5% or more after getting the disease specified in Clause 1 of this Article.

Article 45. Assessment of working capacity decrease

1. Employees getting an occupational accident or an occupational disease are entitled to assessment or re-assessment of their working capacity decrease when falling in either 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. Employees are entitled to thorough assessment of their working capacity decrease when falling in one of the following cases:

a/ Getting both a occupational accident and an occupational disease;

b/ Getting occupational accidents repeatedly;

c/ Getting many occupational diseases.

Article 46. Lump-sum allowance

1. Employees suffering a 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/ Employees suffering a 5% working capacity decrease are entitled to an allowance equaling 5 times the statutory pay rate, which shall be added with half of the statutory pay rate for each additional 1% working capacity decrease;

b/ In addition to the allowance level specified at Point a of this Clause, employees are entitled to an additional allowance calculated based on the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3 of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.

Article 47. Monthly allowance

1. Employees suffering a working capacity decrease of 31% or more are entitled to a monthly allowance.

2. The monthly allowance levels are specified as follows:

a/ For employees suffering a 31% working capacity decrease, the monthly allowance must equal 30% of the statutory pay rate, which shall be added with 2% of the statutory pay rate for each additional 1% working capacity decrease;

b/ In addition to the allowance level specified at Point a of this Clause, employees are entitled to receive every month an additional allowance calculated based on the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3% of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.

Article 48. Time for allowance enjoyment

1. The time for employees to enjoy the allowance specified in Article 46, 47 or 50 of this Law shall be counted from the month they are completely treated and discharged from hospital.

2. When their injuries or diseases recur and employees have their working capacity decrease re-assessed, the time for them to enjoy the allowance shall be counted from the month when the Medical Assessment Council makes conclusion.

Article 49. Daily-life aid equipment and orthopedic devices

Employees getting an occupational accident or an occupational disease which damages their body functions shall, depending on the conditions of their injury or disease, be annually provided with daily-life aid equipment and orthopedic devices.

Article 50. Attendance allowance

Employees suffering a working capacity decrease of 81% or more, such as rachioplegia, total blindness, paraplegia, amputation of two legs or a mental disease, are entitled to not only the allowance specified in Article 47 of this Law but also a monthly attendance allowance equal to the statutory pay rate.

Article 51. Lump-sum allowance upon death due to occupational accidents or occupational diseases

For employees who die of a occupational accident or an occupational disease while working or die during the period of first-time medical treatment due to a occupational accident or an occupational disease, their relatives are entitled to a lump- sum allowance equaling 36 times the statutory pay rate.

Article 52. Convalescence and health rehabilitation after injury or disease treatment

1. Employees whose health has not yet recovered after taking treatment of occupational diseases or injuries caused by occupational accidents are entitled to a leave of between 5 days and 10 days for convalescence and health rehabilitation.

2. The per-diem allowance is equivalent to 25% of the statutory pay rate, if convalescence and health rehabilitation take place at home; or equivalent to 40% of the statutory pay rate, if convalescence and health rehabilitation take place at health establishments.

Section 4. RETIREMENT BENEFITS

Article 53. Coverage of the retirement benefits

The retirement benefits covers employees specified in Clause 1, Article 2 of this Law.

Article 54. Conditions for pension enjoyment

1. Employees defined at Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, except those defined in Clause 3 of this Article, who have paid social insurance premiums for at least full 20 years are entitled to pension when falling in one of the following cases:

a/ Being full 60 years old, for men, or full 55 years old, for women;

b/ Being between full 55 years and full 60 years old, for men, or between full 50 years and full 55 years old, for women, and having full 15 years doing heavy, hazardous or dangerous occupations or jobs or extremely heavy, hazardous or dangerous occupations or jobs on the list jointly issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, or having full 15 years working in areas with a region-based allowance coefficient of 0.7 or higher;

c/ Employees who are between full 50 years and full 55 years old and have paid social insurance premiums for at least full 20 years, including full 15 years spent in coal mines;

d/ Employees who are infected with HIV/AIDS due to occupational risks.

2. Employees defined at Points dd and e, Clause 1, Article 2 of this Law, who cease working after having paid social insurance premiums for at least full 20 years, are entitled to pension when falling in one of the following cases:

a/ Being full 55 years old, for men, or full 50 years old, for women, unless otherwise provided by the Law on Officers of the Vietnam People’s Army, the Law on People’s Public Security or the Law on Cipher;

b/ Being between full 50 years and full 55 years old, for men, or between full 45 years and full 50 years old, for women, and having full 15 years doing heavy, hazardous or dangerous occupations or jobs or extremely heavy, hazardous or dangerous occupations or jobs on the list jointly issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, or having full 15 years working in areas with a region-based allowance coefficient of 0.7 or higher;

c/ Employees who are infected with HIV/AIDS due to occupational risks.

3. Female employees who are full-time or part-time staffs in communes, wards or townships, and cease working after having paid social insurance premiums for between full 15 years and under 20 years, and are full 55 years old, are entitled to pension.

4. The Government shall stipulate the conditions on retirement ages for pension enjoyment in special cases; and the conditions for pension enjoyment for the subjects defined at Points c and d, Clause 1, and Point c, Clause 2, of this Article.

Article 55. Conditions for employees to enjoy pension when suffering working capacity decrease

1. Employees defined at Points a, b, c, d, g, h, and i, Clause 1, Article 2 of this Law, who cease working after having paid social insurance premiums for at least full 20 years, are entitled to pension lower than that applicable to persons who fully satisfy the conditions for pension enjoyment as specified at Points a and b, Clause 1, Article 54 of this Law when falling in one of the following cases:

a/ Since January 1, 2016, men who are full 51 years old, and women who are full 46 years old and suffer a working capacity decrease of 61% or more will be eligible to pension. These age levels will increase one year after each year until 2020, when only men who are full 55 years old and women who are full 50 years old will be eligible to pension when suffering a working capacity decrease of 61% or more;

b/ Being full 50 years old, for men, or 45 years old, for women, and suffering a working capacity decrease of 81% or more;

c/ Suffering a working capacity decrease of 61% or more and having full 15 years doing extremely heavy, hazardous or dangerous occupations or jobs on the list jointly issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health.

2. Employees defined at Points dd and e, Clause 1, Article 2 of this Law, who cease working after having paid social insurance premiums for at least full 20 years, and suffer a working capacity decrease of 61% or more, are entitled to pension lower than that applicable to persons who fully satisfy the conditions for pension enjoyment as specified at Points a and b, Clause 2, Article 54 of this Law when falling in either of the following cases:

a/ Being full 50 years old, for men, 45 years old, for women;

b/ Having at least full 15 years doing extremely heavy, hazardous or dangerous occupations or jobs in the list jointly issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health.

Article 56. Monthly pension

1. From the effective date of this Law to January 1, 2018, the monthly pension of employees who fully satisfy the conditions specified in Article 54 of this Law must equal 45% of the average monthly salary on which social insurance premiums are based as prescribed in Article 62 of this Law, corresponding to 15 years of social insurance premium payment, which shall be added with 2%, for men, or 3%, for women, for each additional year of social insurance premium payment, but must not exceed 75%.

2. Since January 1, 2018, the monthly pension of employees who fully satisfy the conditions specified in Article 54 of this Law will equal 45% of the average monthly salary on which social insurance premiums are based as prescribed in Article 62 of this Law, and correspond to the following period of social insurance premium payment:

a/ For male employees who retire in 2018, 2019, 2020 and 2021 and since 2022, it is 16 years, 17 years, 18 years, 19 years and 20 years, respectively;

b/ For female employees who retire since 2018, it is 15 years;

For employees defined at Points a and b of this Clause, the pension rate shall be added with 2% for each additional year of social insurance premium payment, but must not exceed 75%.

3. The monthly pension of employees who fully satisfy the conditions specified in Article 55 of this Law shall be calculated as stipulated in Clauses 1 and 2 of this Article, and reduced by 2% for each year of early retirement.

In case an employee’s age is short of up to 6 months compared to the retirement age, his/her pension shall be reduced by 1%; if his/her age is short of under 6 months, his/her pension shall not be reduced due to early retirement.

4. The monthly pension of female employees who fully satisfy the conditions for pension enjoyment specified in Clause 3 of Article 54 shall be calculated based on the period of social insurance premium payment and average monthly salary on which social insurance premiums are based, specifically as follows: for a period of full 15 years, the monthly pension must equal 45% of the average monthly salary on which social insurance premiums are based as specified in Article 62 of this Law; for a period of between full 16 years to under 20 years, the monthly pension shall be added with 2% for each additional year of payment.

5. The lowest monthly pension of employees covered by compulsory social insurance who fully satisfy the conditions for pension enjoyment specified in Article 54 or 55 of this Law must equal the statutory pay rate, except the cases specified at Point i, Clause 1, Article 2, and Clause 3, Article 54, of this Law.

6. The Government shall detail this Article.

Article 57. Adjustment of pension

The Government shall stipulate the adjustment of pension based on the increase in the consumer price index and economic growth to suit the state budget capacity and social insurance fund.

Article 58. Lump-sum allowance upon retirement

1. Employees who have paid social insurance premiums for a period exceeding the number of years corresponding to the 75% pension rate are entitled to not only pension but also a lump-sum allowance upon retirement.

2. The lump-sum allowance level shall be calculated based on the number of years of social insurance premium payment in excess of the number of years corresponding to the 75% pension rate, with half of the average monthly salary on which social insurance premiums are based for each of these years.

Article 59. Time for pension enjoyment

1. For employees who are paying compulsory social insurance premiums as defined at Points a, b, c, d, dd, e and i, Clause 1, Article 2 of this Law, the time for pension enjoyment is the time stated in work cessation decisions issued by employers when the employees have fully satisfied the law-prescribed conditions for pension enjoyment.

2. For employees who are paying compulsory social insurance premiums as defined at Point h, Clause 1, Article 2 of this Law, the time for pension enjoyment is the month following the month when they have fully satisfied the conditions for pension enjoyment and submitted written requests to social insurance agencies.

3. For employees defined at Point g, Clause 1, Article 2 of this Law and persons who have their period of social insurance premium payment reserved, the time for pension enjoyment is the time stated in the written requests of the employees who have fully satisfied the prescribed conditions for pension enjoyment.

4. The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the time for pension enjoyment for employees defined in Clause 1, Article 2 of this Law.

Article 60. Lump-sum social insurance allowance

1. Employees defined in Clause 1, Article 2 of this Law are entitled to a lump-sum social insurance allowance upon their request when falling in one of the following cases:

a/ They have reached the retirement age specified in Clause 1, 2 or 4, Article 54 of this Law but have paid social insurance premiums for under full 20 years, or the age specified in Clause 3, Article 54 of this Law but have paid social insurance premiums for under full 15 years and do not continue paying voluntary social insurance premiums;

b/ They settle abroad;

c/ They get a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, or HIV infection progressing into AIDS, or other diseases as prescribed by the Ministry of Health;

d/ Employees defined at Points dd and e, Clause 1, Article 2 of this Law who are demobilized or cease working without being eligible for pension.

2. The lump-sum social insurance allowance shall be calculated based on the number of years of social insurance premium payment; for each year of payment it must equal:

a/ 1.5 times the average monthly salary on which social insurance premiums are based, for the years of payment prior to 2014;

b/ 2 times the average monthly salary on which social insurance premiums are based for the years of payment since 2014;

c/ For a period of social insurance premium payment of under 1 year, the social insurance allowance must equal the paid premium amount but not exceed 2 times the average monthly salary on which social insurance premiums are based.

3. The lump-sum social insurance allowance specified in Clause 2 of this Article is exclusive of the State’s monetary support for payment of voluntary social insurance premiums, except the case specified at Point c, Clause 1 of this Article.

4. The time for enjoying the lump-sum social insurance allowance is the time stated in decisions of social insurance agencies.

Article 61. Reservation of period of social insurance premium payment

Employees who cease working without being eligible for pension specified in Article 54 or 55 of this Law or without receiving a lump-sum social insurance allowance provided in Article 60 of this Law are entitled to have their period of social insurance premium payment reserved.

Article 62. Average monthly salary on which social insurance premiums are based for calculation of pension and lump-sum allowance

1. For employees subject to the State-prescribed salary benefits and having the entire period of social insurance premium payment under this salary benefits, the average monthly salary for the number of years of social insurance premium payment before retirement must be:

a/ The average monthly salary on which social insurance premiums are based in the last 5 years prior to retirement, for employees paying social insurance premiums before January 1, 1995;

b/ The average monthly salary on which social insurance premiums are based in the last 6 years prior to retirement, for employees paying social insurance premiums between January 1, 1995, and December 31, 2000;

c/ The average monthly salary on which social insurance premiums are based in the last 8 years prior to retirement, for employees paying social insurance premiums between January 1, 2001, and December 31, 2006;

d/ The average monthly salary on which social insurance premiums are based in the last 10 years prior to retirement, for employees paying social insurance premiums between January 1, 2007, and December 31, 2015;

dd/ The average monthly salary on which social insurance premiums are based in the last 15 years prior to retirement, for employees paying social insurance premiums between January 1, 2016, and December 31, 2019;

e/ The average monthly salary on which social insurance premiums are based in the last 20 years prior to retirement, for employees paying social insurance premiums between January 1, 2020, and December 31, 2024;

g/ The average monthly salary on which social insurance premiums are based in the entire period of social insurance premium payment, for employees paying social insurance premiums since January 1, 2025.

2. For employees who have the entire period of social insurance premium payment under the employer-decided salary benefits, the average monthly salary on which social insurance premiums are based in the entire period of payment shall be used.

3. For employees who have both a period of social insurance premium payment under the State-prescribed salary benefits and a period of social insurance premium payment under the employer-decided salary benefits, the average monthly salary on which social insurance premiums are based in these periods shall be used, in which for the period of social insurance premium payment under the State-prescribed salary benefits, the average monthly salary on which social insurance premiums are based as specified in Clause 1 of this Article shall be used.

4. The Government shall detail this Article.

Article 63. Adjustment of salaries for which social insurance premiums have been paid

1. Salaries for which social insurance premiums have been paid as a basis for calculation of the average monthly salary on which social insurance premiums are based for employees defined in Clause 1, Article 89 of this Law shall be adjusted based on the statutory pay rate at the time of enjoying the retirement benefits, for employees paying social insurance premiums prior to January 1, 2016.

For employees who start paying social insurance premiums since January 1, 2016, their salaries for which social insurance premiums have been paid as a basis for calculation of the average monthly salary on which social insurance premiums are based shall be adjusted under Clause 2 of this Article.

2. Salaries for which social insurance premiums have been paid as a basis for calculation of the average monthly salary on which social insurance premiums are based for employees defined in Clause 2, Article 89 of this Law shall be adjusted based on the consumer price index in each period under the Government’s regulations.

Article 64. Suspension from or continuation of enjoyment of pension or monthly social insurance allowance

1. Persons on pension or monthly social insurance allowance shall be suspended from enjoying such pension or allowance in one of the following cases:

a/ They illegally leave the country;

b/ They are declared missing by the court;

c/ There are grounds to confirm that their enjoyment of social insurance is illegal.

2. Pension or monthly social insurance allowance must continue to be paid when emigrants legally return to reside in the country in accordance with the residence law. In case there is a court's legally effective decision annulling the decision to declare missing, they are entitled not only to continue enjoying such pension or allowance but also to have their pension or monthly social insurance allowance retrospectively paid since the time of suspension.

3. Social insurance agencies, when deciding on suspension from enjoyment of social insurance under Point c, Clause 1 of this Article, shall notify in writing and clearly state the reason. Within 30 days from the date of suspension, social insurance agencies shall issue a decision settling the enjoyment; if deciding on termination of enjoyment of social insurance, they shall clearly state the reason..

Article 65. Implementation of social insurance benefits for persons on pension or monthly social insurance allowance who settle abroad

1. Persons on pension or monthly social insurance allowance who settle abroad are entitled to a lump-sum allowance.

2. The lump-sum allowance for pensioners shall be calculated based on their period of social insurance premium payment, in which for each year of payment of social insurance premiums prior to 2014, they are entitled to 1.5 months’ current pension and for each year of payment of social insurance premiums since 2014, they are entitled to 2 months’ current pension; then for each month they have received pension, half of a month’s pension shall be deducted from the lump-sum allowance. The lowest allowance must equal 3 months’ current pension.

3. The lump-sum allowance for a person on monthly social insurance allowance must equal 3 months’ current allowance.

Section 5. SURVIVORSHIP ALLOWANCE BENEFITS

Article 66. Funeral allowance

1. When the following persons die, the persons who take charge of their funeral are entitled to a lump-sum funeral allowance:

a/ Employees defined in Clause 1, Article 2 of this Law who are paying social insurance premiums or employees who have their period of social insurance premium payment reserved and have paid social insurance premium payment for at least full 12 months;

b/ Employees who die of a occupational accident or an occupational disease or die during treatment due to a occupational accident or an occupational disease;

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

2. The funeral allowance must equal 10 times the statutory pay rate of the month when the persons defined in Clause 1 of this Article die.

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

Article 67. Cases eligible for monthly survivorship allowance

1. When the persons defined in Clauses 1 and 3, Article 66 of this Law, who fall in one of the following cases, die, their relatives are entitled to a monthly survivorship allowance:

a/ They have paid social insurance premiums for at least full 15 years but have not yet received a lump-sum social insurance allowance;

b/ They are on pension;

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

d/ They are on monthly occupational accident or occupational disease allowance for their working capacity decrease of 61% or more.

2. Relatives of the persons defined in Clause 1 of this Article who are entitled to a monthly survivorship allowance include:

a/ Children aged under 18 years; children aged full 18 years or older who suffer a working capacity decrease of 81% or more; or children whose father died while they are in the womb.

b/ Wives aged full 55 years or older or husbands aged full 60 years or older; wives aged under 55 years or husbands aged under 60 years who suffer a working capacity decrease of 81% or more;

c/ Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other family members whom the insured are obliged to nurture in accordance with the law on marriage and family, who are full 60 years or older, for men, or full 55 years or older, for women;

d/ Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other family members whom the insured are obliged to nurture in accordance with the law on marriage and family, who are under 60 years old, for men, or under 55 years old, for women, and suffer a working capacity decrease of 81% or more.

3. To enjoy a monthly survivorship allowance, relatives defined at Points b, c and d, Clause 2 of this Article must have no income or have monthly income lower than the statutory pay rate. Incomes referred to in this Law are exclusive of allowances provided under the law on preferential treatment for people with meritorious services to the country.

4. The time limit for requesting an assessment of working capacity decrease for enjoyment of a monthly survivorship allowance is specified as follows:

a/ Within 4 months from the insured's death, his/her relative shall file a written request;

b/ Within 4 months before or after the expiration of the time limit for the relative defined at Point a, Clause 2 of this Article to enjoy allowance under regulations, he/she shall file a written request.

Article 68. Levels of monthly survivorship allowance

1. The monthly survivorship allowance for each relative must equal 50% of the statutory pay rate, or 70% of the statutory pay rate for relatives who have no direct fosterer.

2. For a dead person defined in Clause 1, Article 67 of this Law, the number of relatives entitled to monthly survivorship allowance must not exceed 4; for 2 or more dead persons, their relatives are entitled to 2 times the allowance level specified in Clause 1 of this Article.

3. The time for enjoying monthly survivorship allowance must start from the month following the month the person defined in Clause 1 or 3, Article 66 of this Law dies. For a child whose the father died while he/she is in the womb, the monthly survivorship allowance shall be paid from the month the child is born.

Article 69. Cases of eligibility for lump-sum survivorship allowance

When the persons defined in Clauses 1 and 3, Article 66 of this Law, who fall in one of the following cases, die, their relatives are entitled to a lump-sum survivorship allowance:

1. They do not fall in the cases specified in Clause 1, Article 67 of this Law;

2. They fall in one of the cases specified in Clause 1, Article 67 but have no relative eligible for the monthly survivorship allowance as defined in Clause 2, Article 67 of this Law;

3. Their relatives who are entitled to the monthly survivorship allowance as defined in Clause 2, Article 67 wish to receive a lump-sum survivorship allowance, except under-6 children, children or spouses suffering a working capacity decrease of 81% or more;

4. For employees who die without any relatives as defined in Clause 6, Article 3 of this Law, the lump-sum survivorship allowance must comply with the law of inheritance.

Article 70. Levels of lump-sum survivorship allowance

1. The lump-sum survivorship allowance for relatives of employees who are paying social insurance premiums or of employees who have their period of social insurance premium payment reserved shall be calculated based on the number of years of social insurance premium payment; for each year of payment, these relatives are entitled to 1.5 times the average monthly salary on which social insurance premiums are based, for the years of payment prior to 2014; or to 2 times the average monthly salary on which social insurance premiums are based, for the years of payment since 2014. The lowest level must equal 3 times the average monthly salary on which social insurance premiums are based. The average monthly salary on which social insurance premiums are based used as a basis for calculation of the lump-sum survivorship allowance shall be determined under Article 62 of this Law.

2. The lump-sum survivorship allowance for relatives of dead pensioners shall be calculated based on the period of pension enjoyment; if pensioners die within the first 2 months of pension enjoyment, the allowance must equal 48 months’ current pension; if pensioners die in subsequent months, the allowance shall be reduced by half a month’s pension for each additional month of pension enjoyment; the lowest allowance level must equal 3 months’ current pension.

3. The statutory pay rate used for calculating the lump-sum survivorship allowance is the statutory pay rate of the month in which the persons defined in Clause 1 or 3, Article 66 of this Law die.

Article 71. Retirement benefits and survivorship allowance benefits for employees who pay both compulsory social insurance and voluntary social insurance premiums

1. The retirement benefits and survivorship allowance benefits for employees who pay both compulsory social insurance and voluntary social insurance premiums are specified as follows:

a/ For employees who have paid compulsory social insurance premiums for at least full 20 years, the conditions for enjoyment and levels of pension must comply with the policy on compulsory social insurance; the lowest monthly pension must equal the statutory pay rate, except the subjects defined at Point i, Clause 1, Article 2 of this Law;

b/ For employees who have paid compulsory social insurance premiums for at least full 15 years, the monthly survivorship allowance must comply with the policy on compulsory social insurance;

c/ For employees who have paid compulsory social insurance premiums for at least full 12 months, the funeral allowance must comply with the policy on compulsory social insurance.

2. The Government shall detail this Article.

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