Chương IV Nghị định 143/2018/NĐ-CP: Trình tự, thủ tục thực hiện bảo hiểm xã hội

Chapter IV

SOCIAL INSURANCE-RELATED PROCESSES AND PROCEDURES

Article 15. SI participation and SI benefit handling processes and procedures

1. SI participation and SI benefit handling processes and procedures prescribed in clause 1 Article 2 hereof shall be the same as those applied to Vietnamese employees and shall be subject to provisions laid down in Chapter VII of the Law on Social Insurance; Article 57, 58, 59, 60, 61 and 62 of the Law on Occupational Safety and Hygiene; Article 5 of the Decree No. 115/2015/ND-CP; Article 9, 10, 13, 14, 17, 18, 21, 22, 25 and Article 26 of the Decree No. 37/2016/ND-CP, except provisions laid down in clause 3 of this Article and Article 16 hereof.

2. If documents submitted to apply for SI participation and SI benefit handling by employees as defined in clause 1 of this Article are issued by agencies in these employees' home countries, they must be translated into Vietnamese and certified under Vietnamese laws.

3. Processes for handling of the one-off SI benefit payment

Within the duration of 10 days before the employment contract is terminated or the labor permit, practicing certificate or practicing license expires (whichever comes first), if the employee does not continue to work under an employment contract or does not apply for renewal of his/her permit, certificate or license, and he/she wishes to receive the one-off SI benefit payment, he/she shall be required to submit necessary application documents to the social insurance agency.  

Within the duration of 05 working days from the date of receipt of all required documents, the social insurance agency shall be responsible for processing employees’ applications and paying SI benefits to employees. In case of refusal, the written response clearly stating reasons must be given.

Article 16. Processes and procedures for transfer of SI benefits for beneficiaries of monthly retirement pensions or SI benefits that no longer resides in Vietnam 

1. If beneficiaries of monthly retirement pensions or SI benefits that no longer resides in Vietnam wish to receive the one-off SI benefit payment, they must submit their application to the social insurance agency.

2. Within the duration of 05 working days from the date of receipt of the application, the social insurance agency shall be responsible for issuing its decision on that application. In case of refusal, the written response clearly stating reasons must be given.