Chương IV Nghị định 134/2015/NĐ-CP: Điều khoản thi hành

Chapter IV

IMPLEMENTATION CLAUSE

Article 16. Transition clause

1. The provisions of this Decree apply to persons who have participated in voluntary social insurance before January 1, 2016.

2. For persons currently receiving monthly retirement pension before January 1, 2016, previous regulations shall still apply and they will have their retirement pension adjusted.

3. Voluntary social insurance participants who previously paid compulsory social insurance premiums, also including region-based allowance are entitled to not only retirement pension, lump-sum social insurance payout and death benefits but also lump-sum region-based allowance in accordance with the law on compulsory social insurance.

4. For voluntary social insurance participants who are eligible for voluntary social insurance benefits before January 1, 2016, the Law on Social Insurance 2006 shall still apply.

5. For voluntary social insurance participants who have paid premiums according to methods prescribed in Points a, b, c and d, Clause 1, Article 9 of this Decree, including a period following the time of implementation of the policy on assistance with social insurance premiums, they shall not be entitled to the assistance prescribed in Article 14 of this Decree for the period they have paid the voluntary social insurance.

6. The whole balance of the voluntary social insurance fund prescribed in the Law on Social Insurance 2006 as of December 31, 2015 shall be added to the death and retirement fund in accordance with the Law on Social Insurance 2014.

Article 17. Effect

1. This Decree comes into force from February 15, 2016.

The provisions of this Decree, except those described in Clause 2 of this Article, are applicable from January 01, 2016.

2. The State’s assistance with social insurance premiums for voluntary social insurance participants shall apply from January 1, 2018. The assistance shall not be provided for the period of payment of voluntary social insurance premiums before January 1, 2018, except for a lump-sum premium payment for the remaining years according to the method described in Point e, Clause 1, Article 9 of this Decree.

3. The following documents expire from the day on which this Decree comes into force:

a) The Government’s Decree No. 190/2007/NĐ-CP dated December 28, 2007 on guiding the implementation of some articles of the Law on Social Insurance concerning voluntary social insurance;

b) The Government’s Decree No. 134/2008/NĐ-CP dated December 31, 2008 on adjusting monthly incomes for which social insurance premiums have been paid for laborers participating in voluntary social insurance.

Article 18. Implementation

1. The Minister of The Ministry of Labor, War Invalids and Social Affairs shall be responsible for guiding the implementation of this Decree.

2. The Minister of Finance shall be responsible for ensuring the budget provided for the implementation of the assistance policy for voluntary social insurance participants in accordance with this Decree.

3. Annually, the Vietnam Social Security shall be responsible for announcing the social insurance fund’s average investment interest rate of the preceding year.

4. Annually, the General Statistics Office affiliated to the Ministry of Planning and Investment shall be responsible for promptly notifying the average annual consumer price index to the Ministry of Labor, War Invalids and Social Affairs.

5. Social insurance agencies shall be responsible for comparing the list of voluntary social insurance participants described in Point a and Point b, Clause 1, Article 14 of this Decree with the lists of poor households and near-poor households provided by local governments in order to determine the beneficiaries of poor households and near poor households.

6. Ministers, heads of ministerial agencies, heads of Governmental agencies, and chairpersons of People’s Committees of central-affiliated provinces and cities shall be responsible for implementing this Decree./.