Chương 2 Nghị định 190/2007/NĐ-CP: Các chế độ bảo hiểm xã hội tự nguyện

Chapter II

VOLUNTARY SOCIAL INSURANCE BENEFITS

Section 1. RETIREMENT PENSION

Article 9. Conditions for participants in voluntary social insurance to enjoy retirement pension

1. Being full 60 years or older, for men, or being full 55 years or older, for women, and having paid social insurance premiums for 20 years or more.

A participant in voluntary social insurance who has paid compulsory social insurance for a total period of full 20 years or more, including full 15 years of performing a heavy, hazardous or dangerous occupation or job or full 15 years of working in a place where he/she was entitled to a region-based allowance coefficient of 0.7 or higher, is entitled to retirement pension under Clause 2, Article 26 of Decree No. 152/2006/ND-CP of December 22, 2006, or under Clause 2, Article 29 of Decree No. 68/2007/ND-CP of April 19, 2007.

A participant in voluntary social insurance who has paid compulsory social insurance premiums for a total period of full 20 years or more and suffers a working ability loss of 61% or more is entitled to retirement pension at a lower level when he/she falls into one of cases specified in Article 27 of Decree No. 152/2006/ND-CP of December 22, 2006, or in Article 30 of Decree No. 68/2007/ND-CP of April 19, 2007.

2. For those who are full 60 years old, for men, or full 55 years old, for women, and have paid social insurance premiums for a period which is not more than 5 years less than the period specified in Clause 1 of this Article, including those having paid compulsory social insurance for full 15 years or more and not yet received lump-sum social insurance benefit, they may, if wishing to participate in voluntary social insurance, continue to pay premiums under Article 26 of this Decree till reaching full 20 years.

Article 10. Level of monthly retirement pension under Clause 1, Article 71 of the Law on Social Insurance

1. The level of monthly retirement pension of a person eligible for retirement pension specified in Clauses 1, 2 and 3, Article 9 of this Decree is equal to 45% of the average monthly income on which social insurance premiums are based as stipulated in Article 16 of this Decree or the average monthly salary, remuneration or income on which social insurance premiums are based as stipulated in Article 17 of this Decree, corresponding to 15 years of payment of social insurance premiums; for each additional year of payment of social insurance premium, this percentage will be increased 2%, for men, or 3%, for women; and the maximum rate is 75%.

2. The level of monthly retirement pension of a person eligible for retirement pension specified in Clause 4, Article 9 of this Decree is calculated according to Clause 1 of this Article. For each year of early retirement compared to the provisions of Clause 1 and Clause 3. Article 9 of this Decree, it will be reduced 1%.

3. If the level of monthly retirement pension calculated for a person having paid compulsory social insurance premiums for full 20 years or more is lower than the common minimum salary applicable at the time of enjoying the pension, this level will be increased to be equal to the common minimum wage.

4. When calculating the level of monthly pension under Clause 1 or Clause 2 of this Article and the lump-sum retirement allowance stipulated in Article 11 of this Decree, if the period of paying social insurance premiums has an odd number of under 3 months, these months will not be counted, has an odd number of between 3 and 6 months, these months will be counted as half a year; or has an odd number of between more than 6 months and 12 full months, these months will be counted as one year.

Article 11. Lump-sum retirement allowance under Article 72 of the Law on Social Insurance

1. Upon retirement, persons eligible for retirement pension under Article 9 of this Decree who have paid social insurance premiums for more than 30 years, for men, or more than 25 years, for women are entitled to a lump-sum retirement allowance in addition to retirement pension.

2. The level of lump-sum allowance is calculated according to the number of years of paying social insurance premiums from the 31st year, for men, or from the 26th year, for women; for each year of paying social insurance premiums, the insured is entitled to half of the average monthly income on which social insurance premiums are based as stipulated in Article 16 of this Decree or the average monthly wage, remuneration or income on which social insurance premiums are based as stipulated in Article 17 of this Decree.

Article 12. Retirement pensions shall be adjusted on the basis of the increase level of the cost-of-living index and economic growth. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, studying and submitting the level of adjustment in each period to the Government for stipulation.

Article 13. Lump-sum social insurance benefit for persons ineligible for monthly retirement pension under Article 73 of the Law on Social Insurance

Participants in voluntary social insurance are entitled to lump-sum social insurance benefit when they fall into one of the following cases:

1. Being full 60 years or older, for men, or full 55 years or older, for women, and having paid social insurance premiums for less than 15 years.

2. Being full 60 years or older, for men, or full 55 years or older, for women, and having paid social insurance premiums for between 15 full years and less than 20 years and discontinued paying social insurance premiums.

3. Having paid social insurance premiums for less than 20 years, discontinued paying social insurance premiums and requested to receive lump-sum social insurance benefit.

4. Settling abroad.

Article 14. Level of lump-sum social insurance benefit under Article 74 of the Law on Social Insurance

1. The level of lump-sum social insurance benefit is calculated on the basis of the number of years of payment of social insurance premiums; for each year (full 12 months), the insured is entitled to one month and a half of the average monthly income on which social insurance premiums are based as stipulated in Article 16 of this Decree or the average monthly salary, remuneration and income as stipulated in Article 17 of this Decree.

2. When calculating the level of lump-sum social insurance benefit as stipulated in Clause 1 of this Article, if the period of paying social insurance premiums has an odd number of months, these months will be counted according to Clause 4, Article 10 of this Decree.

3. If a participant in voluntary social insurance has paid social insurance premiums for less than one year, he/she is entitled to social insurance benefit equal to the paid amount of premium; the maximum level is equal to one month and a half of the average monthly income on which social insurance premiums are based as stipulated in Article 16 of this Decree.

4. For those who have both a period of paying compulsory social insurance premiums and a period of participating in voluntary social insurance, the conditions for enjoying lump-sum social insurance benefit are as stipulated at Point c, Clause 1, Article 30 of the Governments Decree No. 152/2006/ND-CP of December 22, 2006.

Article 15. Reservation of periods of paying social insurance premiums under Article 75 of the Law on Social Insurance

Participants in voluntary social insurance who discontinue paying social insurance premiums while still ineligible for retirement pension as stipulated in Article 9 or having not yet received lump-sum social insurance benefit under Articles 13 and 14 of this Decree, are entitled to reserve their period of paying social insurance premiums.

Article 16. Average monthly income on which voluntary social insurance premiums are based under Article 76 of the Law on Social Insurance

The average monthly income on which voluntary social insurance premiums are based is calculated according to the following formula:

Article 17. Average monthly salary, remuneration or income on which social insurance premiums are based under Article 79 of the Law on Social Insurance

The average monthly salary, remuneration or income on which social insurance premiums are based is calculated according to the following formula:

Average monthly salary, remuneration or income on which social insurance premiums are based = (Average monthly salary or remuneration on which compulsory social insurance premiums are based x Total number of months of paying compulsory social insurance premiums) + Total of monthly incomes on which voluntary social insurance premiums are based / (Total number of months in which compulsory social insurance premiums are paid + Total number of months in which voluntary social insurance premiums are paid)

In which:

The average monthly salary or remuneration on which compulsory social insurance premiums are based is calculated under Article 31 of the Governments Decree No. 152/2006/ND-CP of December 22, 2006, guiding a number of articles of the Law on Social Insurance regarding compulsory social insurance or Article 34 of Decree No. 68/2007/ND-CP of April 19, 2007, detailing and guiding the implementation of a number of articles of the Law on Social Insurance toward armymen, policemen and cipher employees who are salaried like armymen and policemen.

Article 18. Monthly incomes on which voluntary social insurance premiums are based used as a basis for calculating the average monthly income on which voluntary social insurance premiums are based as stipulated in Article 16 of this Decree and monthly salaries or remuneration on which social insurance premiums are based used as a basis for calculating the average salary, remuneration or income on which social insurance premiums are based as stipulated in Article 17 of this Decree, may be adjusted on the basis of the cost-of-living index in each period.

The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, studying and submitting the level of adjustment in each period to the Government for stipulation.

Article 19. Persons on monthly retirement pension are entitled to health insurance assured by the voluntary social insurance fund.

Article 20.

1. Persons on monthly retirement pension are suspended from enjoying retirement pension when falling into one of the following cases:

a/ Serving a non-suspended imprisonment sentence;

b/ Illegally leaving the country;

c/ Being declared missing by a court.

2. Monthly retirement pensions will continue to be paid from the month following the time the imprisoned person has completely served the imprisonment penalty or the person who was declared missing by a court returns or a repatriate lawfully returns to settle in Vietnam. If a person falling in the case specified at Point a, Clause 1 of this Article is concluded by a court that he/she has been wrongly punished, he/she will be reimbursed the retirement pensions for the duration of suspended payment.

Section 2. SURVIVORSHIP ALLOWANCE

Article 21. Funeral allowance under Article 77 of the Law on Social Insurance

1. When the following subjects die, the persons who take care of their funeral are entitled to a funeral allowance equal to 10 months common minimum salary:

a/ Participants in voluntary social insurance specified in Article 2 of this Decree who have paid voluntary social insurance premiums for at least 05 years;

b/ Persons on retirement pension.

2. When the persons specified in Clause 1 of this Article are declared dead by a court, their relatives are entitled to an allowance equal to 10 months minimum common salary.

Article 22. When participants in voluntary social insurance premiums die, their relatives are entitled to a lump-sum survivorship allowance under Clause 1, Article 78 of the Law on Social Insurance

1. Persons who are paying voluntary social insurance premiums.

2. Persons who reserve a period of paying voluntary social insurance premiums.

3. Persons who are on pension.

Article 23. Levels of lump-sum survivorship allowance under Clauses 2 and 3, Article 78 of the Law on Social Insurance

1. The level of lump-sum survivorship allowance for relatives of participants in voluntary social insurance under Clause 1 and Clause 2, Article 22 of this Decree are calculated on the basis of the number of years of paying social insurance premiums; for each year (full 12 months), these relatives are entitled to one and a half of the average monthly income on which social insurance premiums are based as stipulated in Article 16 of this Decree.

2. When calculating the lump-sum survivorship allowance under Clause 1 of this Article, if the period of paying voluntary social insurance premiums has an odd number of months, these months will be counted according to Clause 4, Article 10 of this Decree. If this period is less than one year, it will be counted according to Clause 3, Article 14 of this Decree.

3. The level of lump-sum survivorship allowance for relatives of participants in voluntary social insurance under Clause 3, Article 22 of this Decree is calculated on the basis of such persons period of enjoying retirement pension; if they die within the first two months of enjoying retirement pension, such allowance is equivalent to 48 months of the currently enjoyed retirement pension; if they die in subsequent months, for each additional month of enjoying retirement pension, the allowance shall be reduced by half of the monthly retirement pension.

Article 24. Calculation of survivorship allowance for persons who have both a period of paying compulsory social insurance and a period of paying voluntary social insurance under Article 79 of the Law on Social Insurance

1. Persons who take care of the funeral are entitled to a funeral allowance equal to 10 months common minimum salary.

2. When a person who has paid compulsory social insurance premiums for full 15 years or more dies, his/her relatives specified in Clause 2, Article 36 of Decree No. 152/2006/ND-CP of December 22, 2006, are entitled to monthly survivorship allowance under Article 37 of Decree No. 152/2006/ND-CP of December 22, 2006, or his/her relatives specified in Clause 2, Article 37 of Decree No. 68/2007/ND-CP of April 19, 2007, are entitled to monthly survivorship allowance under Article 38 of Decree No. 68/2007/ND-CP of April 19, 2007.

3. When a participant in voluntary social insurance who has paid compulsory social insurance for less than 15 years dies or relatives of a person specified in Clause 2 of this Article are ineligible for enjoying monthly survivorship allowance, these relatives are entitled to lump-sum survivorship allowance. The level of lump-sum survivorship allowance is calculated in the same way as lump-sum social insurance benefit specified in Clause 1 and Clause 2, Article 14 of this Decree; the lowest level is equal to three months average monthly salary, remuneration or income specified in Article 17 of this Decree.

When a person on retirement pension dies, the lump-sum survivorship allowance is calculated according to Clause 3, Article 23 of this Decree; the lowest level is equal to three months currently enjoyed retirement pension.