Chương III Thông tư 01/2016/TT-BLĐTBXH: Quỹ bảo hiểm xã hội

Chapter III

SOCIAL INSURANCE FUND

Article 8. Mode of payment

1. The persons participating in voluntary social insurance can choose one of the modes of payment specified under Points a, b, c, d and dd, Clause 1, Article 9 of Decree No. 134/2015/ND-CP.

2. For the persons who participate in social insurance meet the conditions for age to enjoy their pension but the time of payment of social insurance premium is no more than 10 years (120 months). In addition to choosing one of the modes of payment specified in Clause 1 of this Article, they can choose the mode of one-time payment for full 20 years of payment to enjoy pension.

Ex 20: Mr Q shall be full 60 years of age in 8/2016 and he has 08 years of payment of social insurance premium. Mr Q wishes to continue his participation in voluntary social insurance to meet the conditions for entitlement to monthly pension and chooses the mode of payment of one time for every 02 years for the period from 9/2016 to 8/2018. In 9/2018, Mr Q has full 10 years of payment of social insurance premium and he makes one-time payment for the 10 years of missing payment. Thus, by the end of 9/2018, Mr Q is 62 years and 01 month of age and has 20 years of payment of social insurance premium and meets the conditions for prescribed pension entitlement. The time to calculate Mr Q’s pension is from 10/2018.

Ex 21: Mrs Q shall be full 55 years of age in 3/2017 and she has 15 years and 09 months of payment of social insurance premium. Mrs Q wishes to continue her participation in voluntary social insurance to meet the conditions for entitlement to monthly pension and chooses the mode of payment of one time for every 06 months. In 9/2017, Mrs Q is 55 years and 06 months of age and has 16 years and 03 months of payment of social insurance premium. Because Mrs Q has her savings, in 10/2017, she chooses the mode of one-time payment for the 03 years and 09 months of missing payment and makes payment right in the current month. Thus, by 10/2017, Mrs Q is 55 years and 07 months of age and has 20 years of payment of social insurance premium and meets the condition for prescribed pension entitlement. The time to calculate Mrs Q’s pension is from11/2017.

Article 9. Payment rate

1. The monthly payment rate specified in Clause 1, Article 10 of Decree No. 134/2015/ND-CP is guided as follows: 

M_dt =  22%  x  M_tnt

In which:

- M_dt: Monthly payment rate of social insurance premium.

- M_tnt: Monthly income chosen by the participant of voluntary social insurance.

M_tnt = CN + m x 50,000 (dong/month)

In which:

- CN: Poverty line of rural areas at the time of payment (dong/month).

- m: Natural parameter valued from 0 to n

The lowest monthly income the participant of voluntary social insurance chooses is equal to the poverty line of poor household or 20 times of base salary maximally.

From 01/2016 to 12/2020, the lowest monthly payment rate is 154,000 dong/month; from 01/2016 to 04/2016, the highest monthly payment rate is 5,060,000 dong/month; from 5/2016 onwards, the highest monthly payment rate is 5,324,000 dong/month until the Government provides for the new base salary.;

Ex 22: Mrs P registers to participate in voluntary social insurance from 5/2016 with her chosen monthly income of 4,000,000 dong/month, mode of monthly payment. Mrs P’s payment rate of voluntary social insurance premium shall be 22% x 4,000,000 dong/month = 880,000 dong/month.

2. The payment rate of 03, 06 or 12 months/one time is done in accordance with the provisions in Clause 2, Article 10 of Decree No. 134/2015/ND-CP.

Ex 23: Mrs P in example 22, until 9/2016, she registers to participate in voluntary social insurance with her chosen monthly income the same as before of 4,000,000 dong/month but with the mode of payment of every 06 months/time. The payment rate of voluntary social insurance premium shall be 6 months x 880.000 dong/month = 5,280,000 dong.

3. The one-time payment rate for many years onwards in accordance with the provisions in Clause 3, Article 10 of Decree No. 134/2015/ND-CP is defined by the following formula:

In which:

- T₁: One-time payment rate for n year onwards (dong).

- M_i: Monthly income chosen by the participant of voluntary social insurance at the time of payment (dong/month).

- r: Average monthly investment interest of social insurance fund announced by the Vietnam Social Insurance of the year preceding the year of payment (%/month).

- n: Number of years of payment in advance chosen by the participants of social insurance, accepting one of the values from 02 to 05.

- i: Natural parameter valued from 1 to (n×12).

Ex 24: Mr S registers to participate in voluntary social insurance from 9/2016 with his chosen monthly income of 3,000,000 dong/month. The mode of one-time payment for 02 years onwards. Assuming that the average monthly investment interest of social insurance fund announced by the Vietnam Social Insurance of 2015 is 0.628%/month. Mr S' payment rate of voluntary social insurance for 02 years (from 9/2016 to 8/2018) is:

4. The one-time payment rate for the years of missing payment in accordance with the provisions in Clause 4, Article 10 of Decree No. 134/2015/ND-CP is defined by the following formula:

In which:

- T₂: One-time payment rate for the years of missing payment (dong).

- M_i: Monthly income chosen by the participant of voluntary social insurance at the time of payment (dong/month).

- r: Average monthly investment interest of social insurance fund announced by the Vietnam Social Insurance of the year preceding the year of payment (%/month).

- t: Number of missing months, accepting one of the value from 01 to 120.

- i: Natural parameter valued from 1 to t.

Ex 25: Mrs Q in example 21. In 10/2017, she choses the mode of one-time payment for 03 years and 09 months of missing payment with her chosen monthly income of 3,000,000 dong/month. Assuming the average monthly investment interest of social insurance fund announced by the Vietnam Social Insurance in 2016 is 0,826%/month and the monthly income chosen by Mrs Q is higher than the poverty line of rural areas stipulated by the Prime Minister at the time of 10/2017. Mrs Q’s payment rate of voluntary social insurance for 03 years and 09 months (45 months) of missing payment is:

5. The amount refunded to the participants of voluntary social insurance or their relatives in accordance with the provisions in Clause 6, Article 10 of Decree No. 134/2015/ND-CP is determined by the total amount paid in proportion to the remaining time of the mode of payment which the participants of voluntary social insurance have paid excluding the payment assistance from the State (if any) by the following formula:

In which:

- HT: Refunded amount (dong)

- M_i: Monthly income chosen by the participant of voluntary social insurance at the time of payment (dong/month).

- T: Amount of payment assistance from the State (if any).

- r: Average monthly investment interest of social insurance fund announced by the Vietnam Social Insurance of the year preceding the year of payment (%).

- n: A number of years of prior payment chosen by the participants of social insurance, accepting one of the values from 02 to 05.

- t: Remaining months of mode of payment by which the participants of voluntary social insurance has paid.

- i: Natural parameter valued from  (n×12-t+1) to (n×12).

Ex 26: Mr S in example 24. In 9/2016, he pays the voluntary social insurance premium for the two year onwards (from 9/2016 to 8/2018). However, from 01/2018, Mr S participates in compulsory social insurance. The amount refunded to Mr S determined by the total amount paid for the months from 01/2018 to 8/2018 and minus the amount of payment assistance from the State (assuming it is 123,200 dong) is:

Article 10. Change of mode of payment or monthly income for payment of voluntary social insurance premium

The participants of voluntary social insurance can change the mode of payment or monthly income for payment of voluntary social insurance premium in accordance with the provisions in Article 11 of Decree No. 134/2015/ND-CP.

Ex 27: Mr T participates in voluntary social insurance from 8/2016 and registers the mode of monthly payment and the chosen monthly income of 4,500,000 dong/month with the social insurance organization. After that, Mr T wishes to switch the mode of payment to the mode of 06-month payment/time and the chosen monthly income of 5,000,000 dong/month. This change is made as early as from January 11/2016.

Article 11. Time of payment

1. The time of payment of social insurance premium for the participants of voluntary social insurance is done in accordance with the provisions in Article 12 of Decree No. 134/2015/ND-CP.

2. The time of payment of social insurance premium for the participants of voluntary social insurance to choose one of the modes of payment specified under the Points a, b, c and d, Clause 1, Article 9 of Decree No. 134/2015/ND-CP and in accordance with the provisions in Clause 1, Article 12 of Decree No. 134/2015/ND-CP.

3. The payment rate in compensation for the months of late payment in accordance with the provisions in Clause 3, Article 12 of Decree No. 134/2015/ND-CP is determined by the following formula:

T₃ = M_đ x (1+r)^t

In which:

- T₃: Payment rate in compensation for the months of late payment;

- M_đ: Payment rate of 01, 03, 06 or 12 months/1 time in accordance with the provisions in Clause 1 and 2, Article 9 of this Circular.

- t: Number of months of late payment;

- r: Average monthly investment interest of social insurance fund announced by the Vietnam Social Insurance of the year preceding the year of payment (%/month);

Ex 28: Mr T in example 27 pays the voluntary social insurance premium by the mode of 06 months/time with the following payment rate:

M_đ = 5,000,000 dong/month x 22% x 6 month = 6,600,000 dong.

However, Mr T does not make payment during the period from 11/2016 to 02/2017. In 6/2017, Mr T comes to the social insurance agency to request the payment in compensation for the 06 months of missing payment. The number of month of late payment from 03/2017 to 6/2017 is 04 months. Assuming that the average monthly investment interest of social insurance fund announced by the Vietnam Social Insurance is 0.826%. Mr T’s compensation payment rate is:

6,600,000 dong x (1 + 0.00826)⁴   =  6,820,781 dong

Article 12. Assistance of social insurance premium for the participants of voluntary of social insurance

1. The assistance of social insurance premium for the participants of voluntary of social insurance in accordance with the provisions in Clause 1, Article 14 of Decree No. 134/2015/ND-CP is done as follows:

a) The assistance of monthly premium is calculated by the following formula:

M_htt = k × 22% × CN

In which:

- k: is the percentage of assistance from the State (%),specifically: k = 30% with the participants of the poor households; k = 25% of the participants of households near the poverty line; and k = 10% with other persons.

- CN: The assistance rate of monthly payment for the participants of voluntary social insurance during the period from 2018 to 2020 is 46,200 dong/month for persons of poor households; 38,500 dong/month for persons of households near the poverty line; and 15,400 dong/month for other persons.  

b) The assistance rate of payment for the participants of social insurance paying with the mode of 03, 06 or 12 months/time or one time for many years onwards is calculated by the following formula

M_ht = n × k × 22% × CN

In which:

- n: A number of months of assistance corresponding with the modes of payment of 03, 06 or 12 months/time or one time for many year onwards.

- k: is the percentage of assistance from the State (%),specifically: k = 30% with the participants of the poor households; k = 25% of the participants of households near the poverty line; and k = 10% with other persons.

- CN: Poverty line of rural areas as a basis for determining the assistance rate as the poverty line stipulated by the Prime Minister at the time of payment (dong/month).

c) Assistance rate of premium for the participants of social insurance making one-time payment for the years of missing payment:

In which:

- k: is the percentage of assistance from the State (%).

- CN: Poverty line of rural areas as a basis for determining the assistance rate as the poverty line stipulated by the Prime Minister at the time of payment (dong/month).

- r: Average monthly investment interest of social insurance fund announced by the Vietnam Social Insurance of the year preceding the year of payment (%/month).

- t: Months of missing payment, accepting one of the values from 01 to 120.

- i: Natural parameter valued from 01 to t.

The assistance amount for the participants of voluntary social insurance paid by the mode of one-time payment for the years of missing payment shall be transferred one time to the retirement and survivorship fund in the same year of payment.

Ex 29: Mrs T belongs to the households near the poverty line and participate in voluntary social insurance from 06/2018 with her chosen monthly income of 800,000 dong/month. The mode of payment is 12 months/time. Assuming that the poverty line of rural areas at the time of 6/2018 is 700,000 dong/month. Mrs T’s amount paid for voluntary social insurance premium for the period from 6/2018 to 5/2019 is:

(22% x 800,000 dong/month - 25% x 22% x 700,000 dong/month) x 12 months = 1,650,000 dong.

- From 01/2019, Mrs T no longer belongs to the poor households and the households near the poverty line. However, because she has paid the premium to the end of 5/2019, thus the difference of paid premium is not adjusted.

- From 6/2019, Mrs T switches to the mode of monthly payment with her chosen monthly income the same as before of 800,000 dong/month (assuming that the poverty line of rural areas at the time of 6/2019 is still 700,000 dong/month). Mrs T’s amount paid for voluntary social insurance premium for the period from 6/2019 is:

22% x 800,000 dong/month - 10% x 22% x 700,000 dong/month = 160,600 dong/month.

- Where Mrs T participates in voluntary social insurance continuously from 6/2018 to the end of 5/2028, the time to stop the assistance of premium to Mrs T is from 6/2028.

2. Refunding of premium assistance from the State

a) The premium assistance from the State to the persons who enjoy the one-time social insurance in accordance with the provisions in Article 7 of Decree No.134/2015/ND-CP (except for cases specified under Point c, Clause 1, Article 77 of the Law on social insurance) and the participants of voluntary social insurance shall be partially refunded with the paid premium in accordance with the provisions in Clause 6, Article 10 of Decree No. 134/2015/ND-CP is refunded to the state budget.

b) The refunded amount equals the premium assistance from the State for the participants of voluntary social insurance.