Chapter VI
IMPLEMENTATION PROVISIONS
Article 57.-
1. This Decree takes effect 15 days after its publication in "CONG BAO."
The provisions of this Decree are implemented from January 1, 2007.
2. This Decree replaces the Government's Decree No. 12/CP of January 26, 1995, promulgating the Regulation on social insurance, and Decree No. 01/2003/ND-CP of January 9, 2003, amending and supplementing a number of articles of the Regulation on social insurance promulgated together with the Government's Decree No. 12/CP of January 26, 1995.
3. To repeal the Government's Decree No. 61/2001/ND-CP of September 7, 2001, stipulating the retirement age of miners and the compulsory social insurance provisions in Article 5 of the Government's Decree No. 121/2003/ND-CP of October 21, 2003, on regimes and policies towards commune, ward and township cadres and public employees.
4. The provisions of this Decree also apply to laborers who are enterprise managers enjoying salaries and remuneration according to the law on salaries and remuneration.
Article 58.-
1. Persons who are enjoying monthly retirement pensions, working capacity loss allowances, labor accident or occupational disease allowances or survivorship allowances and persons suspended from enjoying social insurance due to their law offenses before the effective date of this Decree will still comply with the previous regulations and are entitled to the adjustment of the enjoyment levels in accordance with the Government's regulations.
2. Persons who are enjoying monthly retirement pensions, working capacity loss allowances, labor accident or occupational disease allowances before January 1, 2007, will, upon their death on January 1, 2007, or later, enjoy the survivorship allowance regime provided in this Decree.
3. Female laborers who give birth or laborers who adopt children under four months old before January 1, 2007, persons who receive medical treatment after suffering labor accidents or occupational diseases and are discharged from hospital before January 1, 2007, will still enjoy the regimes according to previous regulations.
4. Laborers who have paid social insurance premiums for 15 years or more, have received decisions on their job cessation pending their satisfaction of the age condition in order to enjoy retirement pensions before January 1, 2003, will enjoy retirement pensions when they reach full 60 years of age for men or full 55 years of age for women.
5. Laborers who reserve a period of paying social insurance premiums before January 1, 2007, may enjoy lump-sum social allowance benefits under the provisions of Article 30 of this Decree if they are ineligible for enjoying retirement pensions.
6. Full-time commune cadres who stop holding their positions before January 1, 2007, but have paid social insurance premiums for full 10 years or more, have five years at most to reach the retirement age and are voluntarily paying by themselves monthly social insurance premiums equivalent to the total of premiums payable by laborer and employer on the basis of their monthly salaries before they stop holding their positions into the retirement and survivorship allowance fund of the social organization of the place where they reside till they have full 15 years of paying social insurance premiums and reach 60 years of age, for men, or full 55 years of age, for women, will enjoy the retirement regime.
7. Laborers who stop working under the Government's Decree No. 41/2002/ND-CP of April 11, 2002, on policies towards laborers who are left redundant due to rearrangement of state enterprises before January 1, 2007, have paid social insurance premiums for full 15 years or more, have five years at most to reach the retirement age and are voluntarily paying by themselves monthly social insurance premiums equivalent to the total of premiums payable by laborer and employer on the basis of their monthly salaries before they stop holding their positions into the retirement and survivorship allowance fund of the social organization of the place where they reside till they have an adequate period of paying social insurance premiums and reach the retirement age will enjoy the retirement regime.
8. Spouses who, during the period of enjoying the spousal regime at overseas Vietnamese agencies, previously participated in compulsory social insurance, may continue paying monthly social insurance premiums during their stay abroad at the level specified at Point a, Clause 3, Article 42 of this Decree in order to enjoy the retirement and survivorship allowance regime.
9. When determining the condition on the period of paying social insurance premiums for enjoying the monthly retirement or survivorship allowance regime, a year is counted only if it has full 12 months. If a laborer lacks no more than 6 months of paying social insurance premiums, he/she may further pay a lump-sum premium into the retirement and survivorship allowance fund for the number of months he/she still lacks at the level equivalent to the total of premiums payable by laborer and employer on the basis of the monthly salary or remuneration before they stop working.
Article 59.-
1. For laborers who have paid social insurance premiums for 15 years or more based on the salaries paid for extremely heavy, hazardous or dangerous jobs or for heavy, hazardous or dangerous jobs in the salary scale and table set by the State before switching to other jobs and paying social insurance premiums based on lower salaries or officers or professional army men in the people's army, professional and technical officers in the people's police, cipher officers who are salaried like people's army or police personnel before switching to work in agencies, organizations, units or enterprises where they are subject to the salary regime set by the State and pay social insurance premiums based on lower salaries, when they retire, the highest salary they received during the years of doing extremely heavy, hazardous or dangerous jobs or for heavy, hazardous or dangerous jobs or the rank- or position-based salary and seniority allowance (if any) before they moved to other branches corresponding to the number of years specified in Article 31 of this Decree will be used to calculate the average of salaries serving as a basis for calculating the retirement pensions they enjoy.
2. For laborers who pay social insurance premiums under the salary regime set by the State and enjoy the retirement regime from January 1, 2007 on, the total salaries of the months of paying social insurance premiums which serve as a basis for calculating the retirement pensions or social insurance allowances of the months according to the salary coefficient, position allowance and seniority allowance (if any) applicable before October 1, 2004, during the last five years before they stop working will be adjusted according to the salary coefficient, position allowance and seniority allowance (if any) prescribed in the National Assembly Standing Committee's Resolution No. 730/2004/NQ-UBTVQHK11 of September 30, 2004, the Party Central Committee Secretariat's Decision No. 128/QD-TW of December 14, 2004, and the Government's Decree No. 204/2004/ND-CP of December 14, 2004, and Decree No. 205/2004/ND-CP of December 14, 2004.
Article 60.-
1. The Ministry of Labor, War Invalids and Social Affairs shall guide the implementation of this Decree.
2. The Ministry of Health shall guide the assessment of the working capacity decrease of laborers.
Article 61.- Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of People's Committees of provinces and centrally run cities shall implement this Decree.
Tìm kiếm
Nghị định 152/2006/NĐ-CP (Bản Word)