Chương IV Nghị định 115/2015/NĐ-CP: Quy định chuyển tiếp

Chapter IV

TRANSITIONAL REGULATIONS

Article 20. Transitional regulations applicable to persons on monthly pension, working capacity loss benefit, labor accident or occupational disease benefit and monthly benefit before January 1, 2016

1. Each person on monthly pension, working capacity loss benefit, labor accident or occupational disease benefit, each official of communes ceasing work on monthly benefit, and each person who is no longer eligible for monthly benefit for working capacity loss and on monthly benefit before January 1, 2016 shall still comply with regulations before January 1, 2016 and their benefit shall be adjusted by the Government.

2. Any person prescribed in Clause 1 of this Article that is suspended from receiving social insurance payout before January 1, 2016 shall be entitled to continue receiving social insurance payout following the regulations before January 1, 2016.

Article 21. Region-based allowance applicable to persons eligible for social insurance payout

1. Regulated entities

a) Employees ceasing work that are eligible for a pension or a lump-sum social insurance payout or die from January 1, 2016 and have paid social insurance including region-based allowance before January 1, 2007;

b) Persons on monthly pension, working capacity loss benefit, labor accident or occupational disease benefit before January 1, 2016 who is on region-based allowance at their permanent residence.

2. Benefits

a) Each employee ceasing work who is eligible for a pension or a lump-sum social insurance payout from January 1, 2016 and has paid social insurance including region-based allowance, shall be entitled to receive, apart from pension and a lump-sum social insurance payout as prescribed, a lump-sum benefit corresponding to his/her payment period and premiums for region-based allowance in the social insurance.

If an employee having paid social insurance including region-based allowance dies from January 1, 2016 without receiving pension or a lump-sum social insurance payout, his/her relatives shall be entitled to receive both survivor benefit as prescribed and a lump-sum benefit corresponding to the payment period and premiums for region-based benefit in the social insurance.

b) Persons on monthly pension, working capacity loss benefit, labor accident or occupational disease benefit before January 1, 2016 who is on region-based allowance at their permanent residence shall be continue receiving their current allowance (not adjusting according to the base salary) until there are new regulations promulgated by the Government.

A person on monthly pension, working capacity loss benefit, labor accident or occupational disease benefit before January 1, 2016 who is on region-based allowance at his/her permanent residence but moving to another permanent residence shall be eligible for new region-based allowance from January 1, 2016; if the new permanent residence not eligible for region-based allowance, he/she may not receive any region-based allowance.

A person on monthly pension, working capacity loss benefit, labor accident or occupational disease benefit before January 1, 2016 who is not on region-based allowance at his/her permanent residence but moving to another permanent residence eligible for new region-based allowance from January 1, 2016; he/she still may not receive any region-based allowance.

3. Determination of lump-sum benefit:

Regarding the case prescribed in Point a Clause 2 of this Article, the lump-sum benefit shall be determined according to the period, rate of premiums paid to the fund of retirement and survivorship, coefficient of region-based allowance and the base salary at the payout time. The coefficient of region-based allowance shall be determined as follows:

a) Regarding the payment period from January 1, 1995 to December 31, 2006, the coefficient of region-based allowance as the basis for determination of the lump-sum benefit is the actual coefficient of region-based as the basis for the social insurance payment;

b) Regarding the working period before January 1, 1995, the coefficient of region-based allowance shall be determined according to each province and organization as prescribed in law on region-based allowance;

c) Regarding the serving period at the battlefield B, C before April 30, 1975 and at the battlefield K before August 31, 1989, the coefficient of region-based allowance of 0.7 for lump-sum allowance shall apply.

4. Funding for lump-sum allowance and region-based allowance granted to the entities prescribed in Clause 1 of this Article:

a) Government budget shall cover lump-sum benefit granted to persons having working period at the place eligible for region-based allowance before January 1, 1995; region-based allowance granted to persons on monthly pension, working capacity loss allowance, labor accident or occupational disease benefit ensured by government budget;

b) Social insurance fund shall cover lump-sum benefit granted to persons having working period from January 1, 1995 insurance region-based allowance; and region-based allowance granted to persons on monthly pension, working capacity loss benefit, labor accident or occupational disease benefit ensured by social insurance fund.

Article 22. Benefit for employees on sickness benefit due to diseases requiring long-term treatment before January 1, 2016

Each employee who is taking sick leave mentioned in the List of diseases requiring long-term treatment promulgated by the Ministry of Health and receiving sickness benefit before January 1, 2016 and continues receiving sickness benefit, the regulations on sickness benefit promulgated before January 1, 2016 shall continue applying.

Article 23. Determination of working period as the basis for social insurance payout before January 1, 1995

1. Each employee has a continuous working period in public service before January 1, 1995 but has not received severance pay or lump-sum benefit, or lump-sum social insurance payout, such period shall be considered as the period of social insurance payment. In particular:

a) Each employee has an uninterrupted working period in public service until January 1, 1995 but has not received severance pay or lump-sum benefit, or lump-sum social insurance payout, such period shall be considered as the period of social insurance payment;

b) Each employee has an interrupted working period or ceased work before January 1, 1995, his working period as the basis for social insurance payout shall apply to documents on determination of working period promulgated before January 1, 1995, other than Article 3 of Decree No. 66/CP dated September 30, 21993 of the Government on temporary regulations on social insurance benefits for the armed forces, Article 3 of Decree No. 43/CP dated June 22, 1993 of the Government on temporary regulations on social insurance; Article 54 of Charter of social insurance issued together with Decree No. 12/CP dated January 26, 1995; Article 49 of Charter of social insurance for commissioned officers, professional soldiers, non-commissioned officers, soldiers of People's Army and People’s Public security issued together with Decree No. 45/CP dated July 15, 1995 of the Government and Clause 4 Article 139 of the Law on Social insurance 2006.

c) Each person on the sick soldier benefit that has worked and paid social insurance shall be eligible for both sick soldier benefit and social insurance benefits. The period as the basis for social insurance payout shall be the period of social insurance payment, exclusive of the serving period as the basis for sick solider benefit.

2. Soldiers, people's polices demobilized before December 15, 1993 and then has worked in agencies, units and enterprises in economic sectors and has paid compulsory social insurance (including employees working in health stations in communes, kindergarten teachers or persons holding positions in communes before January 1, 1995 whose working period is expressed as the period of social insurance payment) and persons hired and employed workers without receiving benefit according to the following regulations shall have their period as the basis for social insurance payout added by their serving period in military or public security and the period of social insurance payment:

a) Decision No. 47/2002/QD-TTg dated April 11, 2002 of the Prime Minister on benefits for soldiers, national defenses workers fought for Resistance War Against France that are demobilized before December 31, 1960;

b) Point a Clause 1 Article 1 of Decision No. 290/2005/QD-TTg dated November 8, 2005 of the Prime Minister on benefits and policies applied to entities directly fought in Resistance War against the American Empire to Save the Nation without receiving any benefit or policy of the Communist Party and the State;

c) Decision No. 92/2005/QD-TTg dated April 29, 2005 of the Prime Minister on benefits for soldiers being minority ethnics in Military zone 7 or 9 that fought in the Resistance War against America and returned before January 10, 1982;

d) Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on benefits for soldiers fought in the Resistance War against the American Empire to Save the Nation that has 20-year serving period in military that are demobilized;

dd) Decision No. 38/2010/QD-TTg dated May 6, 2010 of the Prime Minister on amendments to Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on benefits for soldiers fought in the Resistance War against the American Empire to Save the Nation that have under-20-year serving period in military that are demobilized;

e) Decision No. 53/2010/QD-TTg dated August 20, 2010 of the Prime Minister on benefits for officers and soldiers of People's Public Security fought in the Resistance War Against America that have under-20-year serving in military that are demobilized;

g) Decision No. 62/2011/QD-TTg dated November 9, 2011 of the Prime Minister on policies applied to people fought in the Ward to Save the Nation and fulfilled international duties in Cambodia and Laos after April 30, 1975 that was demobilized.

Each soldier or people’s police demobilized from December 15, 1993 to December 31, 1994 that has not received severance pay or lump-sum benefit, demobilization benefit, lump-sum social insurance payout, his/her serving period in the people’s army or people's public security shall be included in the period as the basis for social insurance payout.

3. Each employee who has worked in public service but has ceased work from November 1, 1987 until January 1, 1995 because his/her employer fails to create vacancies and has not received severance pay or lump-sum social insurance payout but his/her name is still included in the list of employees in such employer until December 31, 1994, his previous working period shall be included in the period as the basis for social insurance payout.

4. Each employee on the public payroll of a regulatory agency, political organization, socio-political organization, state-owned enterprise or an armed force unit that is sent abroad for definite-term business or study trip, returned to Vietnam behind schedule or on schedule but his/her former employer fails to create vacancy for him/her and continues paying compulsory social insurance shall be considered as follows:

a) The working period in Vietnam before taking the business or study trip abroad and the permitted overseas period shall be included in the period as the basis for retirement or survivor benefit payout if the employee has not received severance pay, lump-sum benefit, demobilization benefit or lump-sum social insurance payout before January 1, 1995.

The determination of working period as the basis for social insurance payout before January 1, 1995 shall comply with Clauses 1, 2 and 3 of this Article;

b) The working period from January 1, 1995 shall be included in the period as the basis for social insurance payout if the employee has paid social insurance but has not received lump-sum social insurance payout or demobilization benefit.

5. Each guest worker, after returning to Vietnam, continues paying compulsory social insurance, his/her working period as the basis for social insurance payout shall comply with Clause 4 of this Article.

Each vocational student concluding a labor contract as specified in a Government's Agreement, his/her study period shall not be included in the working period as the basis for social insurance payout.

6. Clause 2 and Clause 5 of this Article shall not apply to persons who violate law abroad and are expelled or subject to a disciplinary action or be liable to imprisonment before January 1, 1995.

7. Each employee who has no original documents on working period before January 1, 1995 shall have his/her employer provided explanation for the loss, certified the employee's working and salary history, certified that the employee has not received severance pay or lump-sum benefit, and then the employer shall send report to the Ministry or agency in charge of central government or People’s Committee of the province for certification and the Ministry of Labor, War Invalids and Social Affairs for consideration.

Article 24. Benefits for person on monthly benefit having period of social insurance payment without social insurance payout

If an employee eligible for monthly benefit as prescribed in Decision No. 91/2000/QD-TTg and Decision No. 613/QD-TTg of the Prime Minister has a period of social insurance payment (excluding his/her working period over which work capacity loss benefit has been paid) that is eligible for a pension, he/she shall be eligible for a higher pension. If an employee has a period of social insurance payment ineligible for a pension, he/she may pay voluntary social insurance to receive a higher pension.

If an employee eligible for monthly benefit as prescribed in Decision No. 91/2000/QD-TTg and Decision No. 613/QD-TTg of the Prime Minister, he/she shall receive a lump-sum social insurance payout for the period over which social insurance is paid (excluding the working period for which the work capacity loss allowance has been paid).

Article 25. Benefits for employees receiving decision on work ceasing awaiting retirement benefit or monthly benefit

1. An employee having a period of 15 years or longer of social insurance payment and obtaining a decision or a certification of awaiting eligibility of statutory retirement age for pension before January 1, 2003, shall be eligible for a pension when he turns 60 years of age or she turns 55 years of age.

2. An official of commune holding a position having a period of 15 years or longer of social insurance payment and obtaining a decision or a certification of awaiting eligibility of statutory retirement age for pension before January 1, 2003, shall be eligible for monthly benefit by a social security agency when he turns 60 years of age or she turns 55 years of age.

Article 26. Converting salaries in foreign currency into Vietnamese dong for social insurance payment

Each employee having salary mentioned in the labor contract in foreign currency, the social insurance payment and social insurance recording shall be carried out as follows:

1. The monthly salary as the basis for social insurance payment in VND by converting the salary in foreign currency into VND according to the average exchange rate on the inter-bank foreign exchange market announced by the State bank of Vietnam on every January 2 and July 1. If the announcement date falls on a legal holiday, the exchange rate of the following date announced by the State bank of Vietnam shall apply.

2. Monthly salary as the basis for social insurance payment mentioned in the social insurance book is the salary in VND determined in Clause 1 of this Article.

Article 27. Transferring government funding to social insurance fund

1. Annually, government budget shall allocate an amount of funding to Vietnam Social Security for implementation of policies and benefits of social insurance, health insurance to entities eligible for pension and social insurance benefit before January 1, 1995, including:

a) Pension;

b) Monthly benefit for working capacity loss;

c) Benefits for rubber workers; monthly benefit for employees no longer eligible for benefit for working capacity loss;

d) Monthly labor accident or occupational disease allowance; attendance allowance;

dd) Allowance for purchase of orthopaedic devices;

e) Survivor benefit;

g) Funeral benefit;

h) Payment of health insurance;

i) Fees for medical assessment of decreased work capacity;

k) Region-based allowance;

l) Other expenses.

2. The State shall transfer an amount of funding to social insurance fund to pay social insurance for the entities prescribed in Article 23 of this Decree corresponding to their working period before January 1, 1995.

Article 28. Eligibility applied to employees for social insurance benefits before January 1, 2016

1. Each female employee giving birth or each employee adopting an under-6-month child before January 1, 2016 shall be eligible for benefits prescribed in regulations promulgated before January 1, 2016.

2. Each female employee who was born on December 31, 1970 and earlier and each male employee who was born on December 31, 1965 and earlier and obtain a conclusion of decreased work capacity of 61% or higher issued by a Medical Examination Council before January 1, 2016 that request a pension from January 1, 2016, the regulations on retirement benefit promulgated before January 1, 2016 shall apply.

3. Each employee who dies before January 1, 2016 shall be eligible for the survivor benefit prescribed in regulations promulgated before January 1, 2016 shall apply.

4. Each employee receiving social insurance benefit before January 1, 2016 shall keep eligible for the benefits prescribed in regulations promulgated before January 1, 2016.