Chương IV Luật Bảo hiểm xã hội 2014: Bảo hiểm xã hội tự nguyện

Chapter IV

VOLUNTARY SOCIAL INSURANCE

Section 1. RETIREMENT BENEFITS

Article 72. Coverage of the retirement benefits

The retirement benefits for voluntary social insurance participants covers employees defined in Clause 4, Article 2 of this Law.

Article 73. Conditions for pension enjoyment

1. Employees are entitled to pension when fully satisfying the following conditions:

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

b/ Having paid social insurance premiums for at least full 20 years.

2. Employees who satisfy the age requirement specified at Point a, Clause 1 of this Article but have paid social insurance premiums for under 20 years may continue paying social insurance premiums until the payment period reaches full 20 years in order to enjoy pension.

Article 74. Levels of monthly pension

1. From the effective date of this Law to January 1, 2018, the level of monthly pension for employees who fully satisfy the conditions specified in Article 73 of this Law must equal 45% of the average monthly income on which social insurance premiums are based as prescribed in Article 79 of this Law, corresponding to 15 years of social insurance premium payment, which shall then be added with 2% for men and 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 73 of this Law must equal 45% of the average monthly income on which social insurance premium are based as provided in Article 79 of this Law, and correspond to the following number of years of social insurance premium payment:

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

b/ For female employees who retire in 2018 and afterward, it is 15 years. Then, for employees defined at Points a and b of this Clause, the monthly pension shall be added with 2% for every additional year, but must not exceed 75%.

3. The adjustment of pension must comply with Article 57 of this Law.

Article 75. Lump-sum allowance upon retirement

1. Employees who have a period of social insurance premium payment longer than 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 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 enjoyment rate, with half of the average monthly income on which social insurance premiums are based for each of these years.

Article 76. Time for pension enjoyment

1. The subjects defined in Article 72 of this Law are entitled to receive pension from the month following the month when they fully satisfy the conditions for pension enjoyment specified in Article 73 of this Law.

2. The Minister of Labor, Invalids, and Social Affairs shall detail this Article.

Article 77. Lump-sum social insurance allowance

1. Employees defined in Clause 4, Article 2 of this Law are entitled to a lump-sum social insurance allowance upon request if they fall in one of the following cases:

a/ They satisfy the age requirement specified at Point a, Clause 1, Article 73 of this Law but have paid social insurance premiums for under 20 years and do not continue paying social insurance premiums;

b/ They settle abroad;

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

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 they are entitled to:

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

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

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

3. The lump-sum social insurance allowance for the subjects eligible for the State’s support under 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.

5. The social insurance benefits for employees covered by voluntary social insurance and currently on pension who settle abroad shall be implemented under Clauses 1 and 2, Article 65 of this Law.

Article 78. Reservation of the period of social insurance premium payment, suspension from or continuation of pension enjoyment

1. Employees who stop paying voluntary social insurance premiums without fully satisfying the conditions for pension enjoyment as provided in Article 73 or without receiving a lump-sum social insurance allowance under Article 77 of this Law are entitled to have their period of social insurance premium payment reserved.

2. The suspension from or continuation of pension enjoyment for employees covered by voluntary social insurance premiums must comply with Article 64 of this Law.

Article 79. 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 monthly incomes on which social insurance premiums are based in the entire period of premium payment.

2. Monthly incomes for which social insurance premiums have been paid used as a basis for calculating the average monthly income on which social insurance premiums are based for employees shall be adjusted based on the consumer price index in each period under the Government’s regulations.

Section 2. SURVIVORSHIP ALLOWANCE BENEFITS

Article 80. Funeral allowance

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

a/ Employees who have paid social insurance premiums for at least full 60 months;

b/ Pensioners.

2. The funeral allowance must equal 10 times the statutory pay rate of the month in which 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 allowance specified in Clause 2 of this Article.

Article 81. Survivorship allowance

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

2. 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 income on which social insurance premiums are based as provided in Article 79 of this Law, for the years of payment prior 2014, or 2 times the average monthly income on which social insurance premiums are based, for the years of payment since 2014.

For employees who have paid social insurance premiums for under 1 year, the lump-sum survivorship allowance must equal the paid premium amount but not exceed 2 times the average monthly income on which social insurance premiums are based; for employees who pay both compulsory social insurance and voluntary social insurance premiums, the lump-sum survivorship allowance must equal at least 3 times the average monthly salary and income on which social insurance premiums are based.

3. The lump-sum survivorship allowance for relatives of persons who die while on pension shall be calculated based on these persons' period of pension enjoyment; if they die within the first 2 months of pension enjoyment, such allowance must equal 48 months’ current pension; if they die in subsequent months, the allowance shall be reduced by half the monthly pension for each additional month of pension enjoyment.

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