Chương II Nghị định 134/2015/NĐ-CP: Các chế độ bảo hiểm xã hội tự nguyện

Chapter II

BENEFITS OF VOLUNTARY SOCIAL INSURANCE

Section 1. RETIREMENT BENEFITS

Article 3. Monthly retirement pension

The monthly retirement pension as prescribed in Article 74 of the Law on Social Insurance is specified as follows:

1. The monthly retirement pension equals the rate of monthly retirement pension multiplied by the average monthly income on which social insurance premiums are based.

2. The rate of monthly retirement pension shall be calculated as follows:

a) For employees who retire from January 1, 2016, to before January 1, 2018, the rate of monthly retirement pension equals 45%, corresponding to 15 years of social insurance premium payment, which shall then be increased by 2%, for men, or 3%, for women, for each additional year of social insurance premium payment, but the total rate must not exceed 75%;

b) For female employees who retire from January 1, 2018 onwards, the rate of monthly retirement pension equals 45%, corresponding to 15 years of social insurance premium payment, which shall then be increased by 2% for each additional year of social insurance premium payment, but the total rate must not exceed 75%;

c) For male employees who retire from January 1, 2018 onwards, the rate of monthly retirement pension equals 45%, corresponding to the number of years of social insurance premium payment listed in the Table below, which shall then be increased by 2% for each additional year of social insurance premium payment, but the total rate must not exceed 75%:

Article 4. The average monthly income on which social insurance premiums are based

The average monthly income as prescribed in Article 79 of the Law on Social Insurance is specified as follows:

1. The average monthly income on which social insurance premiums are based is the average of monthly incomes for which social insurance premiums have been paid in the entire period of premium payment.

2. Monthly incomes for which social insurance premiums have been paid used as a basis for calculation of the average monthly income on which social insurance premiums are based as prescribed in Clause 1 of this Article shall be adjusted as follows:

a) The adjusted monthly income for which social insurance premiums have been paid in a year equals the monthly income for which social insurance premiums have been paid in a year multiplied by the indexing factor of that year;

b) The indexing factor shall be calculated according to the average annual consumer price index announced every year by the General Statistics Office and determined by the following formula:

Where:

- t: any year in the period;

- The indexing factor of year t shall be rounded to the nearest one hundredth and shall not fall below 1 (one).

3. In case a voluntary social insurance participant pays a lump-sum premium for the remaining years as prescribed in Point e, Clause 1, Article 9 of this Decree, the average monthly income on which social insurance premiums are based shall be calculated as prescribed in Clause 1 and Clause 2 of this Article and multiplied by the indexing factor of 1 (one).

4. Annually, the Ministry of Labor, War Invalids and Social Affairs shall prescribe the indexing factor applied to voluntary social insurance participants, according to Clause 2 of this Article and the average annual consumer price index announced by the General Statistics Office.

Article 5. Retirement benefits for persons who previously paid compulsory social insurance premiums

The retirement benefit for persons who previously paid compulsory social insurance premiums set forth in Article 71 of the Law on Social Insurance is specified as follows:

1. The period of time over which compulsory social insurance premiums and voluntary social insurance premiums are paid shall be used for calculation of retirement pension, except for period of time for which lump-sum social insurance payout is paid.

2. Eligibility requirements for retirement pension

Voluntary social insurance participants are entitled to retirement pension in one of the following cases:

a) A person who has paid voluntary social insurance premiums for at least 20 years will receive retirement pension at the age of 60 (for men) or 55 (for women), except the case prescribed in Point b of this Clause;

b) For those who have paid compulsory social insurance premiums for at least 20 years, the eligible requirement ages for receiving retirement pension are specified in Clauses 1, 2 or 4, Article 54, and Article 55, of the Law on Social Insurance;

c) For the female employees who work full time or part time at the People’s Committees of communes, participate in compulsory social insurance and are eligible for retirement pension as prescribed in Clause 3, Article 54 of the Law on Social Insurance but reserve the time of payment of social insurance premiums and continue to participate in voluntary social insurance, they shall be entitled to their retirement pension upon request.

3. The monthly retirement pension equals the rate of monthly retirement pension multiplied by the average monthly salary and income on which social insurance premiums are based set forth in Clause 4 of this Article 4.

For voluntary social insurance participants who have paid compulsory social insurance premiums for 20 or more years, except those described in Point i, Clause 1, Article 2 of the Law on Social Insurance and Point c, Clause 2 of this Article, the monthly retirement pension at least equals the statutory pay rate at the time of retirement pension payment.

4. The average monthly salary and income on which social insurance premiums are based for calculation of retirement pension and lump-sum payout shall be calculated according to the following formula:

Where:

- The average monthly salary on which compulsory social insurance premiums are based must comply with Article 62 and Article 63 of the Law on Social Insurance.

- The total monthly incomes on which voluntary social insurance premiums are based is the total monthly incomes on which voluntary social insurance premiums are based multiplied by the indexing factor as prescribed in Clause 2 and Clause 3, Article 4 of this Decree.

5. The lump-sum retirement pension upon retirement shall be calculated as prescribed in Article 75 of the Law on Social Insurance: half of the average monthly salary and income on which social insurance premiums are based as prescribed in Clause 4 of this Article for each year of social insurance premium payment in excess of the number of years corresponding to the retirement pension rate of 75%.

6. Lump-sum social insurance payout shall be provided in accordance with Article 7 of this Decree. The lump-sum social insurance payout shall be calculated according to the average monthly salary and income on which social insurance premiums are based as prescribed in Clause 4 of this Article.

Article 6. Time for retirement pension payment

1. Retirement pension payment shall begin from the month succeeding the month a voluntary social insurance participant is eligible for retirement pension payment as prescribed in Article 73 of the Law on Social Insurance and Clause 2, Article 5 of this Decree.

2. In case a voluntary social insurance participant pays a lump-sum premium for the remaining years as prescribed in Point e, Clause 1, Article 9 of this Decree in order to be eligible for retirement pension payment, the time for retirement pension payment shall begin from the month succeeding the month in which he/she has paid a lump-sum premium for the remaining years.

Article 7. Lump-sum social insurance payout

1. Voluntary social insurance participants are entitled to lump-sum social insurance payout under Article 77 of the Law on Social Insurance and the Resolution No. 93/2015/QH13 of the National Assembly dated June 22, 2015, on implementing the policy on lump-sum social insurance payout to the employees.

2. An application for lump-sum social insurance payout shall be processed in accordance with Article 109 of the Law on Social Insurance.

3. Applications for lump-sum social insurance payout shall be processed in accordance with Clause 3 and Clause 4, Article 110 of the Law on Social Insurance.

Section 2. DEATH BENEFITS

Article 8. Death benefits for family of voluntary social insurance participants who died and previously paid compulsory social insurance premiums for a period of time

Death benefit received by family of a voluntary social insurance participant who died or is declared dead by the court and previously paid compulsory social insurance premiums for a period of time under Article 71 of the Law on Social Insurance is specified as follows:

1. The period of time over which compulsory and voluntary social insurance premiums are paid shall be used for calculation of death benefits, excluding the time for calculation of lump-sum social insurance payout.

2. The person in charge of funeral of a voluntary social insurance participant are entitled to a funeral allowance which equals 10 times the statutory pay rate of the month in which this participant dies or is declared dead by the court, in one of the following cases:

a) The voluntary social insurance participant has paid compulsory social insurance premiums for 12 months or more;

b) The voluntary social insurance participant has paid social insurance premiums for at least 60 months;

c) The voluntary social insurance participant has resigned and is currently receiving monthly occupational accident benefits or occupational disease benefits;

d) The voluntary social insurance participant is currently receiving retirement pension.

3. In the cases where a voluntary social insurance participant dies or is declared dead by the court, his/her relative set forth in Clause 2, Article 67 of the Law on Social Insurance is entitled to monthly death benefits under Article 68 of the Law on Social Insurance if:

a) The voluntary social insurance participant had paid compulsory social insurance premiums for 15 years or more but had not received lump-sum social insurance payout; or

b) The voluntary social insurance participant had suffered from whole person impairment of at least 61% and was receiving monthly occupational accident benefits or occupational disease benefits;

c) The voluntary social insurance participant had paid compulsory social insurance premiums for at least 15 years and was receiving retirement pension.

4. In the event a relative who is entitled to monthly death benefits described in Clause 3 of this Article wishes to receive lump-sum death benefits, he/she is entitled to such benefit described in Clause 2 or 3, Article 81 of the Law on Social Insurance, except for under-6 children, and children or spouses who suffer from whole person impairment of at least of 81% or more.

5. In the event a voluntary social insurance participant who dies or is declared dead by the court without any relatives set forth in Clause 6, Article 3 of the Law on Social Insurance, the person entitled to lump-sum death benefit shall be identified in accordance with the law on inheritance.