Chương 4 Nghị định 190/2007/NĐ-CP: Thủ tục thực hiện bảo hiểm xã hội tự nguyện

Chapter IV

PROCEDURES FOR IMPLEMENTATING VOLUNTARY SOCIAL INSURANCE

Article 33. The social insurance book under Article 109 of the Law on Social Insurance

1. Social insurance books of the Vietnam Social Insurance shall be granted to those specified in Article
2 of this Decree for social insurance premium payment monitoring.

2. Each participant in voluntary social insurance shall be granted a social insurance book which shall be commonly used for both the periods of participating in compulsory social insurance and voluntary social insurance.

A participant in voluntary social insurance who previously participated in compulsory social insurance shall use the granted social insurance book for social insurance premium payment monitoring.

Article 34. Grant of social insurance books under Article 111 of the Law on Social Insurance

1. Participants in voluntary social insurance shall hand over personal declarations to the social insurance organization in the locality where they reside. The form of personal declaration is prescribed by the Vietnam Social Insurance.

2. Within twenty days from the date of receipt of complete and valid dossiers of participants in voluntary social insurance, the social insurance organization shall grant social insurance books; in case of non-grant, it shall issue a written reply clearly stating the reason.

Article 35. Dossiers for enjoyment of retirement pension, lump-sum social insurance benefit and settlement of retirement benefits under Article 123 and Article 124 of the Law on Social Insurance

1. A dossier for enjoyment of retirement pension or lump-sum social insurance benefit comprises:

a/ The social insurance book;

b/ The personal declaration, made according to a form set by the Vietnam Social Insurance.

2. The social insurance organization shall notify at least 3 months in advance participants in voluntary social insurance of their eligibility for enjoyment of retirement benefit under the provisions of Article 9 of this Decree.

Participants in voluntary social insurance shall hand over dossiers prescribed in Clause 1 of this Article to the social insurance organization in the locality where they reside.

3. Within twenty days from the date of receipt of valid dossiers, the social insurance organization shall settle them; if refusing to settle, it shall issue a written reply clearly stating the reason.

4. The time of starting to enjoy retirement pension is the month following the month when the social insurance organization receives complete and valid dossiers of participants in voluntary social insurance who are eligible for retirement pension.

Article 36. Dossiers for enjoyment of survivorship allowance and settlement of survivorship allowance under Article 123 and Article 124 of the Law on Social Insurance

1. A dossier for enjoyment of survivorship allowance comprises:

a/ The social insurance book, for persons paying voluntary social insurance premiums;

b/ The death certificate, death notice or court decision declaring such person dead;

c/ The relatives declaration, made according to a form set by the social insurance organization.

2. The relative of the person paying voluntary social insurance premiums or the person on retirement pension shall hand over a dossier to the social insurance organization according to Clause 1 of this Article.

3. The social insurance organization shall settle within ten days from the date of receipt of valid dossiers; if refusing to settle, it shall issue a written reply clearly stating the reason.

Article 37. Dossiers and procedures for settlement of enjoyment of retirement pension and lump-sum social insurance benefit for persons who have completely served imprisonment sentences comply with the provisions of Article 127 and Article 128 of the Law on Social Insurance.

Article 38. Dossiers and procedures for settlement in the case of change of places of enjoyment of retirement pension comply with the provisions of Article 129 of the Law on Social Insurance.