Chương III Nghị định 134/2015/NĐ-CP: Quỹ bảo hiểm xã hội

Chapter III

THE SOCIAL INSURANCE FUND

Article 9. Premium payment methods

The methods of payment of voluntary social insurance defined in Clause 2, Article 87 of the Law on Social Insurance are specified as follows:

1. Voluntary social insurance participants may select one of the following methods to make payment to the retirement and death benefit fund:

a) Payment every month;

b) Payment every 03 months;

c) Payment every 06 months;

d) Payment every 12 months;

dd) Lump-sum payment for up to 5 years;

e) Paying a lump sum premium for the remaining years: A person who has reach the statutory retirement age and has paid social insurance premiums for at least 10 years may pay a lump sum premium for the remaining years to be entitled to retirement pension.

2. In the event a social insurance participant who has reached the statutory retirement age and has paid social insurance premiums for less than 10 years may continue to pay periodic voluntary social insurance according to one of the methods described in Points a, b, c, d and dd, Clause 1 of this Article until the requirements of Point e Clause 1 of this Article are met and then pay a lump sum premium for the remaining years to be entitled to retirement pension.

Article 10. Premium

The voluntary social insurance premiums described in Clause 1, Article 87 of the Law on Social Insurance and according to the payment methods described in Clause 1, Article 9 of this Decree are specified as follows:

1. The monthly premium equals 22% of the monthly income decided by the voluntary social insurance participant.

The monthly income decided by a voluntary social insurance participant must at least equal the poverty line in rural areas as prescribed by the Prime Minister and must not exceed 20 times the statutory pay rate at the time of payment.

2. The premium for every 3, 6 or 12 months equals the monthly premium set forth in Clause 1 of this Article multiplied by 3, 6, 12 respectively.

3. The lump-sum premiums for multiple subsequent years set forth in Point dd, Clause 1, Article 9 of this Decree equal the monthly premium multiplied by total number of months of these years and apply a discount at the social insurance fund’s average monthly investment interest rate announced by the Vietnam Social Security in the year preceding the year of payment.

4. The lump-sum premiums for the remaining years set forth in Point e, Clause 1, Article 9 of this Decree equals the total monthly premiums of the remaining period plus an interest at the social insurance fund’s average monthly investment interest rate announced by the Vietnam Social Security in the year preceding the year of payment.

5. In case a voluntary social insurance participant applies any of the payment methods as prescribed in Clause 2 and Clause 3 of this Article and during that period the Prime Minister adjusts the poverty line in rural areas, payment of the difference is not required.

6. In case a voluntary social insurance participant applies any of the payment methods prescribed in Points b, c, d, and dd, Clause 1, Article 9 of this Article, he/she shall have part of the paid premiums refunded if during that period he/she:

a) switches over from voluntary social insurance to compulsory social insurance;

b) receives lump-sum social insurance payout as prescribed in Article 7 of this Decree;

c) dies or is declared dead by the court.

The amount to be refunded to the voluntary social insurance participant in the case prescribed in Point a and Point b of this Clause or to his/her relative in the case prescribed in Point c of this Clause equals the paid premium amount corresponding to the remaining period of payment according to the abovementioned method and excludes the assistance provided by the State (if any).

Article 11. Change of payment method and monthly income on which voluntary social insurance premiums are based

Voluntary social insurance participant may change the payment method or monthly income on which voluntary social insurance premiums are based. This shall be made only after having completed the previously selected payment method.

Article 12. Time of premium payment

1. The time of payment of social insurance premiums according to the methods described in Points a, b, c and d, Clause 1, Article 9 of this Decree is specified as follows:

a) Within a month, for the method of payment every month;

b) Within 03 months, for the method of payment every 03 months;

c) Within the first 04 months, for the method of payment every 06 months;

d) Within the first 07 months, for the method of payment every 12 months;

2. The time of payment of social insurance premiums in the case of lump-sum premium payments for multiple subsequent years or lump-sum premium payments for the remaining years described in Point dd and Point e, Clause 1, Article 9 of this Decree is the time of registration of the premium payment method and monthly income on which premiums are based.

3. Past the time of social insurance premium payment prescribed in Clause 1 of this Article, if a voluntary social insurance participant fails to pay social insurance premiums, he/she shall be considered having suspended paying voluntary social insurance premiums. The person who suspends the payment of voluntary social insurance premiums and then wishes to continue the payment, he/she shall re-register with social insurance agencies the payment method and monthly income on which social insurance premiums are based. In the event he/she wishes to make payment for the months he/she suspends the payment, the amount of payment equals the total premiums of the months they suspend the payment, plus an interest at the social insurance fund’s average monthly investment interest rate announced by the Vietnam Social Security in the year preceding the year of payment.

Article 13. Procedures for change of premium payment method and monthly income on which voluntary social insurance premiums are based

1. Application for change of payment method and monthly income on which voluntary social insurance premiums are based includes:

a) The social insurance book;

b) The declaration form for social insurance participation.

2. Processing of applications for change of payment method and monthly income on which voluntary social insurance premiums are based.

a) The voluntary social insurance participant shall submit an application described in Clause 1 of this Article to a social insurance agency;

b) Within the day, the social insurance agency shall decide whether to grant the application, if the application is satisfactory, or reject it and provide explanation.

Article 14. Assistance with social insurance premiums for voluntary social insurance participants

1. Assistance rates and persons eligible for assistance:

A voluntary social insurance participant receives the State’s assistance with premiums in percentage (%) of monthly social insurance premiums based on the poverty line in rural areas as prescribed in Clause 1, Article 10 of this Decree, to be specific:

a) 30%, for a voluntary social insurance participant who is in a poor household;

b) 25%, for a voluntary social insurance participant who is in a near-poor household;

c) 10%, for other persons.

Agencies, organizations and individuals are encouraged to provide assistance with social insurance premiums for voluntary social insurance participants.

Based on socio-economic development conditions and State budget capacity in each period, the Government shall consider adjusting the assistance rates for voluntary social insurance participants as appropriate.

2. The duration of assistance must depend on the actual period of voluntary social insurance participation of each person but must not exceed 10 years (120 months).

3. Assistance methods:

a) A voluntary social insurance participant eligible for the assistance shall pay social insurance premiums within his/her payment responsibility to a social insurance agency or voluntary social insurance premium collection agent designated by a social insurance agency;

b) Every 3, 6 or 12 months, the social insurance agency shall make a list of those eligible for the assistance, premiums collected from these persons and the sum provided by the State budget according to the form issued by the Vietnam Social Security after reaching agreement with the Ministry of Finance, and submit the list to a finance authority for transferring the expenses to the social insurance fund;

c) Based on the regulations on local budget management decentralization, the list of voluntary social insurance participants and the expenses provided by the State budget and transferred by social insurance agencies, the finance authority shall transfer such expense to the social insurance fund every quarter. By December 31 of a year, the finance authority shall complete the transfer of expenses to the social insurance fund of that year.

4. The expenses for social insurance premiums for voluntary social insurance shall be covered by the local government budget according to the current State budget decentralization; or by the central government budget for the local governments having difficulties in budget.

Article 15. Procedures for receipt of assistance with voluntary social insurance premiums

1. An application for assistance by the persons prescribed in Point a and Point b, Clause 1, Article 14 of this Decree, includes:

a) The declaration form for voluntary social insurance participation, for the person who registers voluntary social insurance participation for the first time;

b) The declaration form for changing personal information, for the person who has participated in voluntary social insurance.

2. Processing of applications for assistance with voluntary social insurance premiums.

a) The voluntary social insurance participant shall submit an application described in Clause 1 of this Article to a social insurance agency.

b) Within the day, the social insurance agency shall decide whether to grant the application, if the application is satisfactory, or reject it and provide explanation.