Decree 133/2015/nd-Cp: Detailing A Number Of Articles Of The Law On Social Insurance Of Voluntary Social Insurance

Original Language Title: Nghị định 134/2015/NĐ-CP: Quy định chi tiết một số điều của luật bảo hiểm xã hội về bảo hiểm xã hội tự nguyện

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THE GOVERNMENT.
Number: 134 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 29, 2015

DECREE

Q Define some of the things of social insurance law on voluntary social insurance.

____________________

Government Law Base December 25, 2001;

The Social Insurance Act of November 20. in 2014;

Base of Resolution. 93 /2015/QH13 June 22, 2015 of the National Assembly on the implementation of the Social Insurance policy of a new one. n for the worker;

At the suggestion of the Minister of Labor-Trade and Social Affairs,

The government issued a decree regulating some of the provisions of the Social Insurance Act on voluntary social insurance.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree detailed some of the provisions of the Social Insurance Act on voluntary social insurance.

What? 2. Subject applies

1. The voluntary social insurance participant is a Vietnamese citizen from age 15 or older and is not subject to a mandatory social insurance participation in Clause 4 Article 2 of the Social Insurance Act.

2. Agency, organization and individual are involved in voluntary social insurance.

Chapter II

VOLUNTARY SOCIAL INSURANCE REGIMES.

Item 1

RETIREMENT MODE

What? 3. The monthly pension

The monthly pension in accordance with Article 74 of the Social Insurance Law is regulated as follows:

1. The monthly pension is calculated by the monthly pension rate multiplied by the average monthly income per month of social insurance.

2. The monthly pension rate is calculated as follows:

a) The person who retired from January 1, 2016 to before January 1, 2018, the monthly pension rate was calculated by 45% corresponding to 15 years of social insurance, then adding every year of social security, 2% for men and women. 3% for women; at a maximum of 75%;

b) The retirement from 1 January 2018 onwards, the monthly pension rate is calculated by 45% corresponding to 15 years of social security, and then an additional year of social insurance is 2%; the maximum level is 75%;

c) South retirement from 1 January 2018 onwards, the monthly pension rate is calculated by 45% corresponding to the number of years of social insurance under the table below, then add each year to social insurance, which is calculated to add 2%; maximum level by 75%:

Retirement Year

The number of years of social insurance corresponds to a 45% pension rate.

2018

16 years

2019

Seventeen years.

2020

18 years

2021

Nineteen years.

From 2022 onwards

Twenty years.

What? 4. The average monthly income for social insurance

The average rate of income of the month of social insurance under Article 79 of the Social Insurance Law is regulated as follows:

1. The average monthly income per month of social security is calculated by the average monthly income that has closed the social insurance of the entire closed time.

2. The monthly income has closed the social insurance to base the average monthly income of the monthly social insurance policy stipulated at this 1 Article which is adjusted as follows:

a) The monthly income closed the social insurance following the adjusted monthly income by the monthly income that closed the social insurance of each of the years with the adjusted monthly income adjusted the social insurance of the corresponding year;

b) The adjusted monthly income adjustment of social insurance is calculated on the basis of the annual average consumer price index issued by the General Statistics Department annually and is determined by the following formula:

The monthly income adjustment has closed the social insurance of the year t

The annual average consumer price index of the year adjacent to the five-person social insurance participants self-vendeed social insurance according to the 2008 average annual rate of 100%.

The average annual consumer price index of the year t counts the average comparison of 2008 by 100%.

In it:

-It's a year of adjustment.

-The monthly income adjustment has closed the social insurance of the year t is rounded up two numbers and the lowest level equal to 1 (one).

3. The case of a voluntary social insurance participant once for the missing years stipulated at the Une Clause 1 Article 9 This decree the average monthly income per month of social insurance is calculated as stipulated in Clause 1 and Clause 2. This, in which the monthly income has closed the social insurance according to the closed method once for years of lack of regulation by 1 (one).

4. Every year, the Ministry of Labor-Trade and Social Affairs stipulated that the monthly income adjustment has closed social insurance on people who participate in voluntary social insurance on a regulatory basis at Clause 2 This and the average annual consumer price index due to the General Administration. Public publication.

What? 5. The retirement regime for the previous person has time to close the mandatory social insurance.

The retirement regime for the previous person to have time to close the mandatory social insurance under Article 71 of the Social Insurance Law is regulated as follows:

1. Time for the duration of the retirement regime is the total time that has closed compulsory social insurance and social insurance, which does not include time that has been on the social insurance once.

2.

Social insurance participants self-enjoy pensions when belonging to one of the following cases:

a) The person who joined the social insurance has a time to enjoy the pension regime from enough 20 years to the age of the age of 60 years old, the women of 55 years of age, except for the specified case at this point b;

b) The case of voluntary social insurance participants from enough 20 years of compulsory social insurance is made to the age of the age of pension made in accordance with the provisions 1, 2 and 4 Articles 54 and Article 55 of the Social Insurance Act;

c) The female labor is the most active or non-professional activist in the commune, ward, the town involved in compulsory social insurance, which is eligible for a prescribed pension at Clause 3 Article 54 of the Social Insurance Law that preserves the time that has closed the insurance. society and continues to participate in voluntary social insurance, is entitled to a pension when required.

3. The monthly pension is calculated by the monthly pension rate multiplied by the wage average and the monthly income of the Social Insurance stipulated at Section 4 This.

In the case of voluntary social insurance, there are 20 years of compulsory social insurance, except for the subject of regulation at Point One Article 2 of the Social Insurance Law and Point 2, which is the lowest monthly pension. It ' s the grassroots wage at the time of the pension.

4. The salary cap and monthly income of the month of social insurance to calculate pensions, the one-time allowance is calculated according to the following formula:

Salary cap and monthly income of social insurance

=

The average monthly wage in social insurance is mandatory.

x

Total number of months of mandatory social insurance

+

Total monthly income of voluntary social insurance

Total number of months of mandatory social insurance

+

The total number of months of voluntary social insurance

In it:

-The average monthly wage in compulsory social insurance is carried out by regulation at Article 62 and Article 63 of the Social Insurance Act.

-The total monthly income of voluntary social insurance is the total income of the monthly income of voluntary social insurance that has been adjusted by regulation at Clause 2 and Section 3 Article 4 of this decree.

5. The once-back level of pension is calculated as stipulated at Article 75 of the Social Insurance Law, every year that closes social insurance is higher than the number of years corresponding to a 75% pension rate calculated by 0.5 months of wage and monthly income. Social security is regulated at Clause 4.

6. Social Insurance once carried out by regulation at Article 7 of this Decree. Social insurance is once charged on the basis of a wage per salary and the monthly income of the monthly Social Insurance regulated at Clause 4 This.

What? 6. Time of pension

1. The time of the pension benefits from next month after the month of the Social Insurance participation in voluntary pension is eligible for a prescribed pension at Article 73 of the Social Insurance Law and Clause 2 Article 5 of this decree.

2. The case of a voluntary social insurance participant once for years of lack of regulation at the Une Clause 1 Article 9 This decree to qualify for pensions is the time the pension is calculated from next month's closed month. The money for the missing years.

What? 7. Social Insurance once

1. The Social Insurance participant voluntarily enjoys social insurance once due to regulation at Article 77 of the Social Insurance Law and Numbers Resolution No. 77. 93 /2015/QH13 June 22, 2015 of the National Assembly on the implementation of a one-time social insurance policy on workers.

2. The Social Insurance Plan once implemented as prescribed at Article 109 of the Law of Social Insurance.

3. The Social Insurance Award is a prescribed implementation at paragraph 3 and paragraph 4 Article 110 of the Social Insurance Act.

Item 2

DEATH MODE

What? 8. The death regime for the patient ' s relatives of voluntary social insurance that had previously had time to shut down the compulsory social insurance.

The death regime for the relatives of the social insurance participant who voluntarily died or was declared dead by the Court, which had previously taken time to close the compulsory social insurance under Article 71 of the Social Insurance Law that was prescribed as follows:

1. The duration of the degree of death was the total time that closed compulsory social insurance and social insurance, which does not include the time of social insurance that has been on social insurance once.

2. The burial anxiety recipient receives 10 times the base salary for the deceased or was declared dead by the Court one of the following cases:

a) The Social Insurance participant has the time of closing compulsory social insurance from 12 months or more;

b) Social insurance participants voluntarily have time to enjoy the death rate from enough 60 months or more;

c) The participant of voluntary social insurance is enjoying the grant of labor accidents, occupational diseases that have been working for months;

d) The person who is enjoying his pension.

3. The social insurance participant who voluntarily dies or is declared dead by the Court is one of the following cases by the body at Clause 2 Article 67 of the Social Insurance Act that is entitled to the monthly allowance prescribed in Article 68. of the Social Insurance Act:

a) has closed compulsory social insurance 15 years or more, but has not yet enjoyed social insurance once;

b) is enjoying a labor accident allowance, occupational illness every month with a decline in labor capacity from 61% or more;

c) A pension that had previously been compulsory for 15 years or more.

4. The case of a client in the monthly allowance is prescribed at Section 3 This is that it is willing to grant the grant of a single rank once, in accordance with the provisions in Clause 2 and Clause 3 Article 81 of the Social Insurance Act, Unless you are under the age of 6, you or your wife or your spouse are reduced to work by 81% or more.

5. The case of social insurance participants who voluntarily died or was declared dead by the Court without a body stipulated at 6 Article 3 of the Social Insurance Act the identification of the recipient of a single-degree recipient is done according to the rule of law. Inheritance law.

Chapter III

SOCIAL INSURANCE FUND

What? 9.

The method of closing the voluntary social insurance under paragraph 2 Article 87 of the Social Insurance Law is regulated as follows:

1. The voluntary social insurance participant is selected one of the following closed methods to close to the pension and death fund:

a) in the months;

b) Close every 3 months;

c) Close every 06 months;

d) Close 12 months;

) Close one for many years later but not more than five years;

e) Close one for the remaining years for social insurance participants who are eligible for the age to enjoy the pension by statute but the time that the social insurance has lacked no more than 10 years (120 months) is spent 20 years on salary. Retire.

2. The case of social insurance participants has enough age to retire under the regulation that the time has closed to social insurance is missing for 10 years if there is aspirations to continue to close voluntary social insurance according to one of the regulatory practices at the points. A, b, c, d, d and clause this until the time of a social insurance policy is less than 10 years old, and it is closed once for years of lack of pension as specified at the Point of Article 1.

What? 10.

The level of voluntary social insurance pursues to Clause 1 Article 87 of the Law of Social Insurance and in accordance with the method of closing at paragraph 1 Article 9 This decree is prescribed as follows:

1. The monthly rating by 22% of the monthly income level by the Social Insurance participant voluntarily chooses.

The monthly income issued by the Social Insurance participant voluntarily chose to be the lowest by the poor standard of rural areas by the Prime Minister's regulations and the highest by 20 times the base salary at the time of closing.

2. Level 3 months or 06 months or 12 months once defined by the prescribed monthly level at Clause 1 This is multiplied by 3 for a 3 month equation; multiplied by 6 for a 6-month period; multiplied by 12 for the method. Every 12 months.

3. The level of closing once for many years following the regulation at the Clause Point 1 Article 9 This decree is calculated by the total closing of the previous months, discounting the investment interest rate of the monthly social insurance fund by the Social Insurance of Vietnam. The year before the year was closed.

4. The one-off-level of the following year's lack of regulation at the Point of Clause 1 Article 9 This decree is calculated as the sum total of the missing months, applying the gross interest rate to the average social insurance fund of the month by the Social Insurance of Vietnam. announced the year before the year closed.

5. The case of voluntary social insurance participants has closed the course of 3 months or 06 months or 12 months once or closed once for years following regulation at Clause 2 and 3 This time that during that time the Prime Minister of Government was killed. adjust to the poor standard of rural areas, and not to adjust the amount of money that has been closed.

6. The case of voluntary social insurance participants has closed the course of 3 months or 06 months or 12 months once or closed once for many years following regulation at points b, c, d and clause 1 Article 9 This decree that in the time of the year. That space belongs to one of the following cases that will be reimbursable a portion of the previously closed money:

a) Stop participating in voluntary social insurance and move on to join mandatory social insurance;

b) Social insurance once defined in Article 7 of this decree;

c) Being killed or the Court claims to have died.

The amount reimbursable to the voluntary social insurance participant in the case of regulation at Point A and Point B This paragraph or reimbursable to the worker worker in the case of regulation at Point C This paragraph is calculated by the amount closed to the the rest of the time compared to the time that closes the above method and does not include the state's closed support money (if any).

What? 11. Change the closed method, the monthly income of voluntary social insurance.

The person who is engaged in voluntary social insurance is changed with the method of closing or the monthly income as a voluntary social insurance base. Changing the method of closing or the monthly income as a voluntary social security base is performed at least after the implementation of the previously selected method.

What? 12. closing time

1. The timing of social security on the method of closing regulations at points a, b, c and d 1 Article 9 This decree is done as follows:

a) In the month of the monthly,

b) In 3 months for the monthly method of every 3 months;

c) In the first 4 months for the procedure every 06 months;

d) In the first 7 months for the 12-month period.

2. The timing of social insurance on the closed case once for many years back or close once for the missing years at the Point and Point One Article 9 This Protocol was made at the time of the registration of the closed method and the income level. I'm going to go to the next month

3. It is too time to close social insurance by regulation at Clause 1 This one that the social insurance participant voluntarily does not close the social insurance is considered to be a temporary halt to voluntary social insurance. The person who is taking a halt to voluntary social insurance, if it continues to close, has to re-register the closed method and the monthly income level as a social insurance base with the social insurance agency. The case has aspirations to make up for the slow number of months ahead of which the amount of compensation is calculated by the total closing of the slow months, applying the gross interest rate to the monthly social insurance fund by the Vietnam Social Insurance Company. the year before the year closed.

What? 13. The procedure to re-register the closed method and monthly income as the base of voluntary social insurance.

1. The profile resigns the closed method and the monthly income level as a voluntary social security base includes:

a) Social security.

b) The affidavit participated in social insurance.

2. Resolve the registration of the closed method and the monthly income as the base of voluntary social insurance.

a) The Social Insurance participant voluntarily submit the prescribed profile at Clause 1 This article for the social insurance agency;

b) The Social Insurance Agency is responsible for solving in the day for the case to receive enough regulatory filings. The unresolved case must be answered by writing and stating the reason.

What? 14. Support of social insurance money for people who participate in voluntary social insurance.

1. Support level and support object:

Voluntary social insurance participants are paid by the state by the percentage (%) on the level of social insurance annually according to the poor standard of rural areas stipulated at 1 Article 10 This decree, namely:

a) Equal to 30% for the Social Insurance participant in voluntary households;

b) By 25% for the voluntary social insurance participant of the poor,

c) By 10% for other subjects.

Encourages agencies, organizations and individuals to support social insurance money for voluntary social insurance participants.

Based on economic-economic development and the ability of the state budget in each period, the Government will consider regulating the level of support for the person to be willing to provide for the appropriate social insurance.

2. Time of support depends on the time of participation in the actual voluntary social insurance of each person but not more than 10 years (120 months).

3. Support method:

a) The voluntary social insurance participant in the subject is supported by paying the amount of social insurance that is part of its contribution to the social insurance agency or the voluntary social insurance collection agent appointed by the social insurance agency;

b) The period of 3 months, 6 months or 12 months, the social insurance agency aggreging the number of supported objects, the amount of the object and the amount, the state budget supports according to the sample issued by Vietnam Social Insurance after the unification of the Ministry of Finance. It ' s a financial institution to transfer funding into the social insurance fund.

c) The base finance agency regulations on the local budget management hierarchy and the aggregation of voluntary social insurance, the state budget budget of support provided by the Social Insurance agency, is responsible for transferring funds to the public. A one-quarter social insurance fund; the year of December 31, the year of the year must be completed, the transfer of funding to the social insurance fund of that year.

4. The funding supports social insurance money for people who participate in voluntary social insurance due to the local budget guaranteed by the current state budget allocation; the central budget supports the difficult budget localities.

What? 15. The beneficiary supports the voluntary social insurance.

1. The support pool of the specified objects at the point a and point b 1 Article 14 This decree, including:

a) The affidavit participated in voluntary social insurance for the case of registration of the first voluntary social insurance;

b) The declaration of adjustment of personal information to the case has joined the voluntary social insurance.

2. The resolution supports the voluntary social insurance.

a) The social insurance participant voluntarily filed a prescribed profile at Clause 1 This article for the social insurance agency.

b) The Social Insurance Agency is responsible for solving in the day for the case to receive enough regulatory filings. The unresolved case must be answered by writing and stating the reason.

Chapter IV

EXECUTION CLAUSE

What? 16. The transition clause

1. The provisions of this decree are applicable to the person who has joined the voluntary social insurance from before 1 January 2016.

2. The person who is enjoying a monthly pension before January 1, 2016 is still in accordance with previous regulations and is adjusted to the extent.

3. The previous voluntary social insurance participant has time to join the mandatory social insurance that in which there is a time of social insurance that includes regional allowance, in addition to pensions, social insurance once and the subsidy is resolved. One-time regional allowance under the law of compulsory social insurance law.

4. The voluntary social insurance participant and the voluntary social insurance regimes prior to 1 January 2016 are still implemented as defined by the Social Insurance Law of 2006.

5. The case of voluntary social insurance participants has closed the procedure 3 months or 06 months or 12 months once or closed once for many years later in which time after the time of the policy of supporting the money is closed. does not apply the applicable money support at Article 14 of this Decree to the time that has closed the voluntary social insurance.

6. The entire number of voluntary social insurance funds under the provisions of the Social Insurance Law of 2006 as of December 31, 2015, was added to the pension and death fund as defined by the Social Insurance Law of 2014.

What? 17.

1. This decree has been in effect since 15 February 2016.

The regulations at this decree are applicable since 1 January 2016, except for the provisions of Article 2 of this Article.

2. The support of the State's social insurance money for the participant in voluntary social insurance is made from 1 January 2018. It is not supported by the voluntary closing time of January 1, 2018, except for a one-year absence of a closed procedure at the point of E 1 Article 9 of this decree.

3. The following text expires from the date of this decree taking effect:

a) Protocol number 190 /2007/ND-CP December 28, 2007 of the Government instructs some of the provisions of the Social Insurance Law on voluntary social insurance;

b) The arithmetic decree 134 /2008/NĐ-CP December 31, 2008 by the Government-adjusted March 31, 2008, the Social Insurance has closed the social insurance.

What? 18. organizational responsibility

1. Minister of Labour-Trade and Social Affairs is responsible for the implementation of this decree.

2. The Minister of Finance is responsible for ensuring the budget implementation of the policy of support for the voluntary social insurance participant in accordance with this decree.

3. Every year, Vietnam Social Insurance is responsible for the publication of the average annual social insurance fund investment interest of the previous year.

4. Every year, the General Administration of Planning and Investment is responsible for providing up to the average annual price index for the Ministry of Labor-Trade and Social Affairs.

5. The Social Insurance Agency has a responsibility for facing voluntary social insurance participants by regulation at Point a and Point 1 Article 14 This decree with a list of poor households, poor households provided by local authorities to determine the subject of support for the United States. They ' re poor, poor households.

6. Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial Committee of the Provincial People's Committee, the Central City of the Central Committee is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung