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Law 58/2014/qh13: Social Insurance

Original Language Title: Luật 58/2014/QH13: Bảo hiểm xã hội

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CONGRESS
Number: 58 /2014/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 20, 2014

LAW.

Social Insurance

________


The Constitution of the Socialist Republic of Vietnam.

Congress enacted the Social Insurance Act.

CHAPTER I

COMMON RULES

What? 1. The adjustment range

The law regulates the regime, the social insurance policy; the rights and responsibilities of the worker, the employer; the agency, the organization, the individual involved in social insurance, the organization of labor collective representation, the organization of employers ' representatives; social insurance; social insurance; the procedure for social insurance and state management of social insurance.

What? 2. Subject applies

1. The worker is a Vietnamese citizen who is part of the subject of compulsory social insurance, including:

a) The person who works under the labor contract does not specify the deadline, the labor contract that determines the deadline, the labor contract by the season or under a certain job that has a period of up to 3 months to less than 12 months, including the labour contract signed between people who use labor with representatives under the law of men under the age of 15 according to the law of labor;

b) The person who works on a labor contract has a term from enough 1 months to less than 3 months;

c) Officer, public, official;

d) Defence workers, public workers, other workers in the grassroots organization;

Officer, military personnel, military personnel; officer, corporal officer, officer, corporal officer of the public safety engineer; who works as a salary factor as an army.

e) Lower officer, soldier army soldier; petty officer, soldier security officer who serves on a deadline; military cadre, public safety, muscle learning is entitled to be entitled to a charge;

) He went to work abroad according to the contract of the law of the labor of the labor of Vietnam, to work abroad according to the contract.

h) The business manager, the executive manager of the cooperative, has a salary;

i) The active person is not in the commune, the ward, the town.

2. The worker who is a foreign citizen working in Vietnam has a labour permit or certificate of practice or a license to practice by the competent authorities of Vietnam to be involved in compulsory social insurance by the Government.

3. The employer engaged in compulsory social insurance including state agency, career unit, human armed unit; political organization, political-social organization, social political organization-profession, social organization-profession, organization, organization, social organization, social organization, and social organization. Other societies; agencies, foreign organizations, international organizations that operate on Vietnam; businesses, cooperones, private businesses, organizations, organizations, and individuals have an employer, using labor as a labor contract.

4. The voluntary social insurance participant is a Vietnamese citizen from age 15 or older and is not subject to regulation at 1 Article.

5. Agency, organization, individuals with regard to social insurance.

The objects stipulate at the 1, 2 and 4 Articles, which are then collectively known as labourers.

What? 3. Explain words

In this Law, the words below are understood as follows:

1. Social Insurance is the guarantee of replacing or offset a portion of the income of the worker when they are reduced or lost income due to illness, pregnancy, labor accidents, occupational illness, end of labor or death, on the basis of a social insurance fund.

2. Social Insurance mandatory is the kind of social insurance that the State of Labour and the employer must participate in.

3. Voluntary Social Insurance is the type of social insurance created by the State of the State that the participants are selected to close, the method of closing in accordance with its income and the State with a policy of supporting social insurance money to the participants of the retirement and death.

4. Social Insurance Fund is an independent financial fund with a state budget, which is formed from the contribution of the labourers, the employer and has the support of the State.

5. Social security time It is time to be counted from when the worker began to pay social security until the end of the day. In the case of non-continuous social insurance workers, the time of social insurance is the total time that has closed the social insurance.

6. My dear. is the child, adopted son, wife or husband, father, birth mother, foster mother, foster mother, father-wife or father-in-law, wife or mother of other social insurance participants or other members of the family in which social insurance participants are in the service of the rule. The law of marriage and family.

7. Additional retirement insurance is the voluntary social insurance policy that aims to supplement the retirement regime in compulsory social insurance, which has the mechanism of creating funds from the contribution of workers and employers in the form of personal savings accounts, including the government of the United States. is preserved and accumulated through an investment activity under the rule of law.

What? 4. Social Insurance regimes

1. The mandatory social insurance has the following modes:

) Sick.

b) Thai production;

c) Labor accident, occupational illness;

d)

Death.

2. Social Insurance has the following modes:

a);

b) Zilu.

3. Additional retirement insurance provided by the Government.

What? 5. Social Insurance Principles

1. Social coverage is calculated on the basis of a closed-level basis, the time of social security and sharing between those who participate in social insurance.

2. The mandatory social security level is calculated on the basis of the worker ' s monthly wages. The voluntary social security level is calculated on the basis of the monthly income issued by the worker.

3. The worker who has just had time to close the compulsory social insurance has just had the time of closing the voluntary social insurance and the death regime on a time basis that has closed social insurance. Social insurance times have been given social insurance once, not taking into account the time as the basis of the social insurance regime.

4. The Social Insurance Fund is centrally managed, united, publicly, transparent; used in the right purpose and independent accounting by component funds, the object groups that implement the state-defined wage regime and the wage regime due to the monetary policy. The people who use the labor decide.

5. The implementation of social insurance must be simple, easy, convenient, timely and full of the rights of social insurance participants.

What? 6. State policy on social insurance

1. Encourage, facilitate the agency, organization, individual participating in social insurance.

2. Support the participants of voluntary social insurance.

3. Protect the social insurance fund and have a conservation measure, fund growth.

4. Recommend employers and workers engaged in additional retirement insurance.

5. Priority of the development of information technology in social insurance management.

What? 7. State management content on social insurance

1. Board, the organization of law enforcement, strategy, social insurance policy.

2. Proclamation, disseminalization of policy, law on social insurance.

3. Do statistical work, information about social insurance.

4. The organization of the apparatus performs social insurance; training, human resource training works as social insurance.

5. Management in the collection, genus, conservation, development and balance of social insurance funds.

6. Inspector, examine the acceptance of the law on social insurance; resolve the complaint, denounce and dispose of the violation of the law on social insurance.

7. International cooperation on social insurance.

What? 8. State Administration of Social Insurance

1. The government unified the state on social insurance.

2. The Ministry of Labor-Trade and Social Affairs is responsible to the Government to implement state management of social insurance.

3. The ministry, the peer-to-peer agency within the mission range, its powers carry out the state management of social insurance.

4. Vietnam Social Insurance to participate, in coordination with the Ministry of Labor-Trade and Social Affairs, Ministry of Finance, Provincial People ' s Committee, central city-based city (later known as provincial level) carrying out management, spending, conservation, development and balance of funds. Social insurance.

5. People 's Committee of the Level of Governing Enforcement of the state on social insurance within the local domain by the Government' s hierarchy.

What? 9. Moderate Social Insurance Management

1. The state encourages investment of technological development and advanced engineering vehicles to manage, implement social insurance.

2. By 2020, complete the construction and operation of the electronic database on social insurance management within the country.

What? 10. Responsibility of the Minister of Labor-Trade and Social Affairs on Social Insurance.

1. Build a strategy, plan, plan to develop social insurance.

2. Build a policy, law on social insurance; the state agency has the authority to enact or enact legislation under the jurisdiction of the law on social insurance.

3. Build and program the Government to only develop the object of social insurance.

4. Proclamation, disseminalization of policy, law on social insurance.

5. Directed, Guide to the implementation of the implementation of the policy, the law on social insurance.

6. Inspector, check out the breach of the law, resolve the complaint, denounce the social insurance, except the regulation at paragraph 2 Article 11 of this Law.

7. The Government decides to take the necessary treatment in the case necessary to protect the right of the worker's social insurance.

8. Do statistical work, information about social insurance.

9. Training organization, training on social insurance.

10. The organization of scientific research and international cooperation on social insurance.

11. Every year, the Government report on the situation to implement social insurance.

What? 11. The responsibility of the Minister of Finance on Social Insurance

1. Building and the state agency has the authority to enact or enact jurisdiction under the jurisdiction of the financial management of social insurance; the cost of social insurance management.

2. Inspector, check out the breach of the law and resolve the complaint, denouncing the implementation of the financial management of social insurance.

3. Every year, send a report on the situation of management and use of social insurance funds for the Minister of Labor-Trade and Social Affairs to sum up and report the Government.

What? 12. The responsibility of the People ' s Committee on Social Insurance

1. Directed by, the organization does the policy, the law on social insurance.

2. Construction of the development of the development object for social insurance in the planning of economic development-the annual society presented by the People's Council of the same decision.

3. Proclamation, disseminalization of policy, law on social insurance.

4. Inspector, check out the breach of the law and resolve the complaint, denouncing the social insurance.

5. The petition with the state agency has the authority to amend, add policy, legislation on social insurance.

What? 13. Social security inspector.

1. Inspector of labor-commerce and society performs specialized inspection functions on the implementation of the policy, the law on social insurance by the rule of law on inspection.

2. Financial inspectors perform specialized inspection functions on social insurance finance management under the regulation of the law on inspection.

3. The Social Insurance Agency performs specialized inspection functions in terms of social insurance, unemployment insurance, and health insurance under the provisions of this Law and other regulation of relevant legislation.

4. The government regulates this.

What? 14. The rights and responsibilities of the union organization, the Vietnam Fatherland Front and the member organizations of the Front.

1. The union organization has the following rights:

a) Protect the right, the legitimate interest, the cause of the worker to participate in the social insurance;

b) Ask for employers, the social insurance agency that provides information on the social insurance of the labourers;

c) Monitoring and petit with the authority with the authority to process a violation of the law on social insurance;

d) Initiated the Court for a violation of the law on social insurance that affected the legal rights and interests of the workers, the collective labourers prescribed at paragraph 8 Article 10 of the union law.

2. The union organization has the following responsibilities:

a) Propaganda, policy-making, law on social insurance for workers;

b) Participate in the inspection, examination of law enforcement on social insurance;

c) The petition, participation in construction, amendment, policy addition, law on social insurance.

3. Vietnam ' s Fatherland Front and member organizations of the Front in the range of functions, its duty to be responsible for propaganda, human rights advocacy, delegation, policy making policy, law on social insurance, actively participating in the role of the United Nations. Social insurance is consistent with itself and the family; participation in the protection of rights, legitimate interests, members of the party, membership; social protest, participation with the state agency in the building of policy, law on social insurance; surveillance. the implementation of the policy, the law on social insurance by the rule of law.

What? 15. The rights and responsibilities of the organization represent the employer.

1. The organization representing the employer has the following rights:

a) to protect the legal rights and interests of employers to participate in social insurance;

b) The petition with the state agency has the authority to process a violation of the law on social insurance.

2. The organization representing the employer has the following responsibilities:

a) Propaganda, policy-making, law on social insurance for employers;

b) Participate in the examination, examination of law enforcement on social insurance;

c) The petition, participation in construction, amendment, policy addition, law on social insurance.

What? 16. Report mode, audit.

1. Every year, the Government reports Congress on the situation to implement policy, social security, management, and social insurance funds.

2. A three-year period, the State Auditor performs an audit of the social insurance fund and reports the results to the National Assembly. At the request of the National Assembly, the Committee of the National Assembly and the Government, the Social Insurance Fund, are auditated.

What? 17. Serious offenses

1 . Hiding from a forced social insurance, unemployment insurance.

2. Slow down on social insurance, unemployment insurance.

3. Take the money closed, enjoy social insurance, unemployment insurance.

4. Frauds, forgery of profile in the execution of social insurance, unemployment insurance.

5. Using a social insurance fund, the unemployment insurance fund is not right in law.

6. Cuts, cause difficulty or damage to the right, legitimate interests, the legitimate employer, the employer.

7. Access, exploitation of database law on social insurance, unemployment insurance.

8. Wrong report; provide information, incorrect figures on social insurance, unemployment insurance.

CHAPTER II

THE RIGHT, THE RESPONSIBILITY OF THE WORKER, THE EMPLOYER, THE SOCIAL INSURANCE AGENCY.

What? 18. The rights of the labourers.

1. Be engaged and enjoy the social insurance regimes according to the rules of this Law.

2. Be granted and manage social insurance books.

3. Receive the pension and the full social insurance allowance, in time, according to one of the following forms of pay:

a) Direct from the social insurance agency or the service organization that is authorized by the social insurance agency;

b) Through the deposit account of the open worker at the bank;

c) Through the employer.

4. Health insurance in the following cases:

a) a pension.

b) During the time of the break of the maternity allowance when childbirth or adoption of the child;

c) Vacation of labor accident allowance, monthly occupational illness;

d) is enjoying a sick allowance for patients with a long-term treatment of the health care department issued by the Ministry of Health.

5. Attendable to examine the rate of labour impairment if the case is specified at the point b 1 Article 45 of this Law and is preserving the time of social insurance; being paid for medical examiner charges if eligible for insurance. society.

6. Commission for other people to receive pensions, social insurance benefits.

7. A 6-month term used by employers to provide information on social insurance; annual periodically confirmed by the social insurance agency on social security; being asked for employers and social insurance agencies to provide information about the social insurance industry. It ' s about building, social insurance.

8. Vote, denounce and prosecute on social insurance according to the rule of law.

What? 19. The responsibility of the worker

1. Close the social insurance according to the rules of this Law.

2. Make a regulation on the planning of social insurance.

3. Protect Social Insurance.

What? 20. The rights of employers

1. The refusal to make the untrue requirements of the law on social insurance.

2. The complaint, denounce and the prosecution of social insurance under the rule of law.

What? 21. The responsibility of the employer

1. A profile for workers to be given social insurance, closed, social insurance.

2. Close the social insurance by regulation at Article 86 and every month extracted from the wages of the worker in accordance with the provisions at paragraph 1 Article 85 of this Law to close at the same time into the social insurance fund.

3. Introduce the worker of the specified object at the point a 1, paragraph 2 Article 45 and Article 55 of this Law go to examine the extent of the impairment of labor at the Board of Medicine.

4. Coordinate with the social insurance agency that pays the social insurance grant to the worker.

5. Coordinate with the social insurance agency that pays social insurance to the worker, confirming a time of social insurance when the labourers terminate the labor contract, the contract to work or stop by the regulation of the law.

6. Provide accurate, full, timely information, documentation related to the building, social insurance at the request of the competent state governing body, the social insurance agency.

7. A 6-month term, publicly listed for the closure of social insurance for workers; providing information about the social security of workers when workers or unions require.

8. Every year, the listing publicly announces the social insurance of workers ' social insurance provided by the social insurance agency provided by provisions at paragraph 7 Article 23 of the Law.

What? 22. The rights of the Social Insurance Agency

1. Human Rights Management, Finance and Property Management in accordance with the provisions of the law.

2. The refusal to ask for social insurance, unemployment insurance, non-regulatory health insurance of the law.

3. Ask for employers to export labor management books, payroll and information, other materials related to the closing, social insurance, unemployment insurance, health insurance.

4. Be registered to the business registry, the operating certificate authority or operating license to submit a copy of the business registration certificate, operation permit, operational certificate or the establishment decision to carry out the employment registration of the business. participate in social insurance, health insurance on the business, the new establishment organization.

5. The 06-month term is given by the state governing body for local labor to provide information about the situation to use and change labour on the site.

6. The tax authority provides the employer tax code; the annual term provides information on the cost of wages to calculate the employer's tax.

7. Check out the implementation of a social insurance policy; inspectors specialize in the closing of social insurance, unemployment insurance, health insurance.

8. Knowledge with the state agency has the authority to build, amend, add policy, law on social insurance, unemployment insurance, health insurance and social insurance fund management, unemployment insurance, health insurance.

9. Deal with violation of the law or petition with the state agency with a jurisdiction to handle violations of the law on social insurance, unemployment insurance, health insurance.

What? 23. The responsibility of the social insurance agency

1. Proclamation, disseminalization of policy, law on social insurance, unemployment insurance, health insurance.

2. The sample board, the social insurance profile, the unemployment insurance after the unification of the Ministry of Labor-Trade and Social Affairs.

3. Organization for implementation, social insurance, unemployment insurance, statutory health insurance.

4. Social security level for workers; managing social insurance books when workers have been solved for retirement or death.

5. Take on Social Insurance profiles, health insurance; tackle social insurance, health insurance; pension organization, social insurance benefits, full unemployment insurance, convenient and timely.

6. Every year, confirm the time of closing social insurance for each of the labourers; provide full and timely information about the closure, the right to the regime, the procedure to perform social insurance when the labourers, the employer or the union organization. Request.

7. Every year, provides information on the social security of workers ' social insurance so that the employer is publicly listed.

8. Application of information technology in the management of social insurance; store the profile of the person involved in social insurance by the rule of law.

9. Management, use of social insurance funds, unemployment insurance, health insurance according to the rule of law.

10. Make sure the conservation measures and growth of social insurance funds, unemployment insurance, health insurance under the decision of the Social Insurance Management Council.

11. Do statistical work, financial accounting of social insurance, unemployment insurance, health insurance.

12. Training and career guidance on social insurance, unemployment insurance, health insurance.

13. A 6-month period, which reports the Social Insurance Management Council and every year, reports the Ministry of Labor and Social Affairs on the situation to implement social insurance, unemployment insurance; report the Ministry of Health on the situation to implement health insurance; the Ministry of Finance reports. It is about the management situation and the use of social insurance funds, unemployment insurance, health insurance.

Every year, the local social insurance agency reports the People ' s Committee on the same level on the situation to implement social insurance, unemployment insurance, health insurance within the local sphere of management.

14. Public media coverage of employers violating social insurance, unemployment insurance, health insurance.

15. Provide the document, the relevant information at the request of the competent state agency.

16. Resolve the complaint, denouncing the implementation of social insurance, unemployment insurance, health insurance under the rule of law.

17. Do international cooperation on social insurance, unemployment insurance, health insurance.

CHAPTER III

MANDATORY SOCIAL INSURANCE

Item 1

THE SICKNESS REGIME

What? 24. Subject to apply sickness mode

The subject of the application of the pain regime is the worker stipulated at points a, b, c, d, e, and h paragraph 1 Article 2 of this Law.

What? 25. The conditions of the pain of pain

1. Getting sick, accidents that are not a labor accident must take a break and have the confirmation of the medical examination facility, which is required by the Department of Health.

In the case of illness, the accident must leave due to health destruction, alcohol, or drug use, and the drug-based drugs are not allowed to enjoy the illness.

2. Must take a break to take care of the sick under the age of 7 and have the confirmation of the medical examination facility, the healer healer.

What? 26. The time of illness is in pain.

1. The maximum duration of the pain in a year for the worker rules at points a, b, c, d, and h 1 Article 2 of this Law shall follow the non-daily working day, the New Year holiday, the weekly holiday, and the prescribed term as follows:

a) Working on normal conditions is entitled to 30 days if it has been in social insurance for less than 15 years; 40 days if it has been closed for 15 years to less than 30 years; 60 days if it has been closed for 30 years or more;

b) As a job or hard work, malicious, dangerous or particularly heavy, toxic, endangered, endangered by the Ministry of Labor-Trade and Social Affairs, the Ministry of Health issued or working in a place area of the area of the coefficient of 0.7 or above is given 40 days. If you ' ve been in social insurance for less than 15 years; 50 days if it ' s been closed for 15 years to less than 30 years; 70 days if it ' s been closed for 30 years or more.

2. The worker who quit due to a disease in the category of long-term treatment required by the Ministry of Health is entitled to the same illness as follows:

a) A maximum of 180 days of holidays, holidays, holidays, holidays;

b) The expiration of the regulatory illness at this point that continued treatment was to continue to receive a lower level of pain, but the duration of the maximum duration of the time has been a social insurance.

3. Time of Tuberculosis Infection for the worker rules at the point 1 Article 2 of this Law base at the time of treatment at the facility of the disease, the healer has jurisdiction.

What? 27. Time of time when you're sick.

1. The duration of the regime when the sick child is in a year for each child is counted according to the number of days of care of the maximum child of 20 days working if you are under the age of 3; the maximum is 15 working days if the child is aged 3 years old under the age of 7.

2. The case both parent and mother join social insurance is the time when the illness of every father or mother is prescribed at one Article.

The duration of the duration of the enjoyment of the regime when the sick child is in charge at this is counting on the day of the day of the day of holidays, the holiday, the holidays, and the holidays.

What? 28. The level of illness.

1. The labourers enjoy the prescribed illness at paragraph 1 and point a 2 Article 26, Article 27 of this Law is a month of magnitude 75% of the month adjoining the Social Insurance of the adjacent month before the end of work.

Where the new worker started working or the previous worker had time to close the social insurance, then interrupted the work time that had to take a break from the pain regime in the first month back to work, the degree of degree. Seventy-five percent of that month ' s social insurance payout.

2. The labourers continue the prescribed illness at the point b paragraph 2 Article 26 of this Law the extent of which is specified as follows:

a) By 65% of the monthly social insurance payout of the adjacent month before quitting, if it has been in social insurance for 30 years or more;

b) By 55% of the monthly social insurance payout of the adjacent month before taking a break if the social insurance has been closed for 15 years to less than 30 years;

c) By 50% of the pre-term social insurance wage of the adjacent month before taking a break if the social insurance has been closed for less than 15 years.

3. The TB beneficiary is prescribed in paragraph 3 Article 26 of the Law, which is 100% the level of the monthly Social Insurance of the adjacent month before the end of work.

4. The level of a one-day pain allowance is calculated by the monthly allowance of monthly pain allowance for 24 days.

What? 29. Healthy, recovering health after illness

1. The worker who took a break from the enjoyment of the pain-sickness time for a year by regulation at Article 26 of this Law, over the course of the first 30 days back to work in which the unrestored health was spent, recovering from the next five days. 10 days in a year.

Health care, health recovery, including holidays, holidays, weekends. The case had a period of rest, recovering health from the end of the previous year to transition to the beginning of next year, when the time of the break was calculated for the previous year.

2. The number of days of health rest, health recovery due to employers and the decision-by-base union Board, the unit case that employers have not yet had a base union, as the employer decides to be as follows:

a) A maximum of 10 days for healthy workers who have not recovered from the time of the illness due to the long-term treatment of the disease;

b) A maximum of 7 days for health workers who have not recovered from the time of the illness due to surgery;

c) By 5 days for other cases.

3. The level of health care, recovery after sickness one day by 30% of the base salary.

Item 2

MATERNITY MODE

What? 30. Subject to application of birth control

The subject applies to the maternity regime as the specified worker at points a, b, c, d, e, and h paragraph 1 Article 2 of this Law.

What? 31. Condition of the birth of pregnancy

1. The worker is entitled to the birth degree when belonging to one of the following cases:

a)

b) Women's labor;

c) The pregnant female labor and the mother thanks to the pregnancy;

d) The adoption worker was under 6 months old;

The female labor ring contraception, the worker who exercises sterilalization;

e) The male labor is closing the social insurance that has a child-born wife.

2. The worker stipulated at points b, c and d 1 This must close the social insurance from enough 06 months or more during the 12-month period before the birth or adoption of the adoption.

3. The worker stipulated at the point b 1 This has closed the social insurance from enough 12 months, but when pregnant has to take a break from the birth control of the clinic, the health-care must be able to close the social insurance. 3 months or more during the 12 months prior to childbirth.

4. The worker eligible for regulation at paragraph 2 and paragraph 3 This termination of the labor contract, the contract to work or leave the work before the birth date or adoption under 6 months of age is still entitled to the prescribed fertility at all. Article 34, 36, 38 and paragraph 1 Article 39 of this Law.

What? 32. Duration of the time of the pregnancy

1. During pregnancy, female labor is left to go to the pregnancy exam 05 times, every 1 days; the case is far from the basis of the disease, the treatment or the pregnant person with an unnormal patient or pregnancy is given 2 days for each birth examination.

2. Time for the enjoyment of the maternity leave at this calculation by day of work does not include holiday holidays, New Year holidays, weekly holidays.

What? 33. Duration of the regime when a miscarriage, dredging, abortion, stillbirth or mental abortion

1. When a miscarriage, dredging, pregnancy, death or abortion, the female worker is left to enjoy the degree of pregnancy by the designation of an examination facility, the treatment of the authority. The maximum time period is specified as follows:

a) 10 days if she is under 5 weeks old;

b) 20 days if pregnant from 05 weeks to under 13 weeks old;

c) 40 days if pregnant from 13 weeks old to under 25 weeks old;

d) 50 days if the child is 25 weeks old or older.

2. Time for the enjoyment of the maternity leave at 1 This counts all the holidays, the Lunar New Year, the weekday.

What? 34. Duration of the time of childbirth.

1. Women's labor on maternity leave is allowed to enjoy the prenup and after childbirth is 6 months. In the case of a female labor, the second child becomes the second child, every child, for another 1 months.

The duration of the maternity leave before the maximum birth is no more than 2 months.

2. The male labor is closing social insurance when the child ' s wife is on holiday in enjoying the fertility regime as follows:

a) 05 days of work;

b) 07 days of working when your wife has to have surgery, childbirth under 32 weeks of age;

c) A couple of couples are allowed to spend 10 working days from the age of three.

d) A couple of couples who came up with surgery were given a 14-day job.

The period of time for the enjoyment of the fertility is calculated during the first 30 days since the date of the birth of the child.

3. The case after giving birth, if you are under 2 months of death, you are given the job for 4 months from the birth date; if you are 2 months or older, you will be left for 2 months from the day you die, but the rest of your life is at the time. The property does not exceed the specified time at 1 Article; this time does not take into account time as the law of labour.

4. The case with only a mother engaged in social insurance or both a parent and mother are involved in the social insurance that the mother dies after giving birth to a child or a person who is directly raised on the enjoyment of the pregnancy for the remainder of the mother by regulation. At one point. The parent is a social insurance parent, but it is not eligible to be specified in paragraph 2 or paragraph 3 Article 31 of the Law which dies, the father or person who continues to raise the maternity leave until she is 6 months old.

5. The case of a father or person who directly feeds on social insurance without quitting due to regulation at 4 This is in addition to the salary that is also entitled to the maternity leave for the remainder of the mother in accordance with this Article 1 Article.

6. The case with only a parent in the social insurance that the mother died after giving birth to a child or a risk after giving birth without sufficient health to take care of the child according to the body ' s confirmation, the treatment has jurisdiction, the father is given a maternity leave. Until I was six months old.

7. Time for the birth of contracisation rules at 1, 3, 4, 5 and 6 This counts both holiday holidays, New Year holidays, weekly holidays.

What? 35. The maternity regime of pregnant female labor and mother thanks to pregnant women.

1. Pregnancies pregnant women enjoy the regime when abortion, miscarriage, dredging, abortion, stillbirth or abortion of pathology and the regime at birth until the time of delivery of the child to the mother thanks to the pregnancy but does not exceed the prescribed time at the loan. 1 Article 34 of this law. In the case of the date of birth to the time of the child's delivery that the time of the maternity leave is not enough for 60 days, the pregnant woman is still enjoying the fertility until 60 days of holidays, the holiday, the holidays.

2. The mother thanks to the pregnancy that was given birth control from the time of her adoption until the child was 6 months old.

3. The government regulates the form of maternity, the procedure for the maternity of the pregnant women's labor and the mother thanks to the pregnancy.

What? 36. The time of the adoption of foster care.

A worker who adopts a child under 6 months of age is allowed to spend time on maternity leave until she is at the age of 6 months. In the case of both a parent and a social insurance policy that is eligible to enjoy the birth of a given birth in paragraph 2 Article 31 of the Law, only the father or mother is allowed to take a break.

What? 37. Duration of the regime when performing contraceptive contraception

1. When performing contraceptive contraception, the worker is entitled to the degree of contraception by the designation of the pathology facility, the treatment of the authority. The maximum time period is specified as follows:

a) 07 days for female labor placed an abortion ring;

b) 15 days for workers who exercise sterilalization.

2. The time of the birth of the birth is prescribed at one thing, including the holiday, the Lunar New Year, the weekday.

What? 38. A once-born allowance or adoption.

Female labor or adoption workers under the age of 6 months are subsidied once per child by 2 times the base salary in the month of labor labor or the month of labor adoption.

In the case of child life, only the parents are able to participate in social insurance, and you are subsidied once by 2 times the basis of the base salary at the birth of each child.

What? 39. Maternity level

1. The labourers enjoy a prescribed birth degree at the conditions of 32, 33, 34, 35, 36, and 37 of this Law, and the degree of pregnancy is calculated as follows:

a) A month-a-month-a-month-a-month-a-month-a-wage average of 6 months ' social insurance premiums before the end of maternity leave. The case for the worker who closed the social insurance is less than 6 months, and the degree of pregnancy is specified in Article 32, Article 33, paragraph 2, 4, 5 and 6 Article 34, Article 37 of this Law is the monthly wage average of months that have closed social insurance;

b) The one-day level for the specified case at Article 32 and paragraph 2 Article 34 of the Law is calculated by the degree of a month-divided birth rate of birth to 24 days;

c) The degree of degree in childbirth or adoption is calculated according to the prescribed monthly allowance at the point of a 1 Article, the case with a date or case stipulated at Article 33 and Article 37 of this Law then the one-day degree is calculated by the degree. Allowance for 30 days.

2. Time for the enjoyment of maternity leave from 14 working days back in the month is calculated as the time of social insurance, workers and employers do not have to close social insurance.

3. Minister of Labor-Trade and Social Affairs provides details on the conditions, times, the level of the subjects stipulated at Article 24 and paragraph 1 Article 31 of this Law.

What? 40. Female workers go to work before the rest of the day.

1. The female labour may go to work before the expiration of the birth date stipulated at paragraph 1 or paragraph 3 Article 34 of this Law when there is sufficient following the following conditions:

a) After having been on a diet for at least 4 months;

b) Have to warn and be agreed by the employer.

2. In addition to the salaries of the working days, female workers go to work before the end of the birth term still enjoy the maternity leave until the expiration of the statute of limitations in paragraph 1 or paragraph 3 Article 34 of this Law.

What? 41. Desist, recovery of post-pregnancy health

1. Women's Labour shortly after the time of the birth of the contractions stipulated at Article 33, paragraph 1 or paragraph 3 Article 34 of this Law, in the period 30 days of work that the unrestored health is resting, recovering health from 5 days to 10 days. day.

Health care, health recovery, including holidays, holidays, weekends. The case had a period of rest, recovering health from the end of the previous year to transition to the beginning of next year, when the time of the break was calculated for the previous year.

2. The number of days of health rest, the recovery of regulatory health at this one Article by the employer and the Executive Corps Board of Operations, the case of an unfounded labor unit that has not established the basis of the facility, is decided by the employer. Health break time, health rehabilitation is prescribed as follows:

a) A maximum of 10 days for female labor once from two or more;

b) A maximum of 7 days for female labor.

c) A maximum of 5 days for other cases.

3. The level of health care, recovery of post-pregnancy health by 30% of the base salary.

Section 3

LABOR ACCIDENT MODE, OCCUPATIONAL ILLNESS

What? 42. Subject to the application of labor accidents, occupational diseases

Subject to the application of labor accidents, occupational diseases are the labourers prescribed at points a, b, c, d, e, e and h 1 Article 2 of this Law.

What? 43. The impact of labor accidents.

Workers enjoy the labor accident mode when there are enough of the following conditions:

1. Accused of one of the following cases:

a) At the work and in the time of work;

b) In addition to workplaces or hours of work when performing work at the request of the employer;

c) On the route and from where to work in the time span and the streamline route.

2. reduce labor capacity from 5% or more due to accidental accident at 1 Article.

What? 44. The condition of occupational illness

Workers are entitled to the degree of occupational illness when there are enough of the following conditions:

1. Getting sick of a career category of occupational diseases conducted by the Ministry of Health and Department of Labor and Social Affairs while working in an environment or profession with a toxic factor;

2. reduce labor capacity from 5% or more due to the disease prescribed at 1 Article.

What? 45. Managing the decline of labor capacity

1. The worker who suffers from a labor accident, occupational illness is being monitored or remonitoring the level of labor capacity decline when belonging to one of the following cases:

a) After the injury, the disease has been treated well;

b) After the injury, recurve illness has been treated well.

2. The worker is set to aggregate the impairment of labor capacity when belonging to one of the following cases:

a) I've just been in a labor accident, occupational sickness.

b) suffer many times;

c) A lot of occupational diseases.

What? 46. Assistant once

1. The worker who is impaired in labor capacity from 5% to 30% is entitled to the grant once.

2. The level of subsidy is specified as follows:

a) A 5% decrease in labor capacity is awarded 5 times the base salary, and then a 1% decline is added to 0.5 times the base salary;

b) In addition to the regulatory allowance at the point of this one, the number of years added to the number of years of social security, from a year or year, is calculated as 0.5 months, then add every year the social insurance is counted 0.3 months of money. the social insurance of the adjacent month before taking off for treatment.

What? 47. monthly allowance

1. The worker who suffers from a 31% worker ' s ability to work is entitled to a monthly allowance.

2. The monthly level allowance is prescribed as follows:

a) A 31% reduction in labor capacity is equal to 30% of the base salary, and then a 1% decrease in the amount of the base salary;

b) In addition to the regulatory allowance at this one, the monthly allowance is added to an allowance according to the number of years that have closed the social insurance, from one year onwards to 0.5%, then add every year the social insurance is charged 0.3% more. It ' s an adjacent month ' s social insurance paycheck before taking a break from the treatment.

What? 48. Level of allowance.

1. The time of the induction allowance at the 46th, 47, and 50 rules of this law is calculated from the month of the labor treatment completed, out of the hospital.

2. The case of injury or recurrenal illness, workers are left to redefine the decline of labor capacity, the time the new level of grant is calculated from the month of the conclusion of the Council of Medical Monitoring.

What? 49. Assisted living aid, orthopeos.

Labourers who suffer from labor accidents, occupational diseases that are damaged by the body ' s operating functions are granted a life-based help vehicle, with a limited-term editing device based on disability, illness.

What? 50. Assistant Service

Workers have been impaired by an 81% increase in labor, which is paralyzed, or two-eyed, or amputated, listing two limbs or suffering from mental illness in Article 47 of this Law, which has also been granted a pension. Yeah.

What? 51. A once upon death due to labor accident, occupational illness

Workers who are working to be killed by labor accidents, occupational illness or death during the first treatment period due to labor accidents, occupational diseases, relatives are subsidied once by 36 times the base salary.

What? 52. Healthy, recovering health after treatment of disability, illness

1. The worker after the treatment of a disability injury due to a labor accident or illness due to occupational illness whose unrecovered health is given a health recovery from 05 days to 10 days.

2. The level of a day equals 25% of the base salary if a health leave, health recovery at home; in 40% of the base salary if a health leave, health rehabilitation at the concentration base.

Section 4

RETIREMENT MODE

What? 53. Subject to application of retirement mode

The subject of the application of the pension regime is the employer stipulated at paragraph 1 Article 2 of this Law.

What? 54.

1. The worker stipulated at points a, b, c, d, g, h and i paragraph 1 Article 2 of this Law, except for the stipulation of Article 3 of this Article 3, when the job of taking 20 years of social insurance returns is entitled to the pension if belonging to one of the cases. The following:

a) Nam is 60 years old, women are 55 years old;

b) Nam from the age of 55 to enough 60 years of age, women aged 50 to enough to be 55 years old and had enough 15 years of employment or hard work, malicious, dangerous or particularly heavy, toxic, dangerous, endangered, controlled by the Ministry of Labor and Social Affairs, the Department of Health issued. Or there ' s enough 15 years of employment in the area of the area of the area of the area of 0.7 and upward;

c) The worker from enough 50 years old enough to be 55 years old and has enough 20 years of social insurance going up in which there ' s 15 years of coal mining work.

d) Persons with HIV/AIDS due to occupational risk accidents.

2. The worker stipulated at the point and point 1 Article 2 of the Law on the leave of having enough 20 years of social security returns to be entitled to a pension when one of the following cases:

a) Nam is 55 years old, women are 50 years old, except for the case of the Vietnam People's Army, the People's Public Security Law, the Law of Weak Authority,

b) Nam was 50 years old enough to be 55 years old, women aged 45 years old enough to be 50 years old and had enough 15 years of employment or hard work, malicious, dangerous or particularly heavy, toxic, dangerous, endangered, controlled by the Ministry of Labor and Social Affairs, the Department of Health. Or there ' s enough 15 years of employment in the area of the area of the area of the area of 0.7 and upward;

c) People with HIV/AIDS due to occupational risk accidents.

3. Women's Labour is a specialized or non-professional activist in the commune, ward, town that participated in social insurance while taking a job from 15 years to less than 20 years of social insurance and 55-year-old is entitled to the pension.

4. The government regulates the age of pensions for some special cases; the terms of the pension benefit of the specified objects at point c and point 1, point 2 This.

What? 55. It ' s a pension that ' s going to be able to reduce labor.

1. The worker stipulated at points a, b, c, d, g, h and i paragraph 1 Article 2 of this law while taking a 20-year job of having a social insurance return to be entitled to a pension at a lower level than the person who is eligible for regulatory pensions at point a and point b. Paragraph 1 Article 54 of this law should be one of the following cases:

Since 1 January 2016, 51 years old, women are 46 years old and has been reduced to a 61% chance of being able to afford a pension. Then each year an increase of one year old until 2020, the age of 55 and 50 years old is eligible to be able to afford a pension from 61% or more.

b) Nam is 50 years old, women are 45 years old and has a reduced ability to work from 81% or more;

c) impaired labor capacity from 61% or more and has enough 15 years to become a profession or a particularly heavy, toxic, dangerous job category by the Ministry of Labor-Trade and Social Affairs, the Department of Health.

2. The worker stipulated at the point and point 1 Article 2 of this Law while taking a 20-year leave of social security, has been deduced from 61% or more likely to be in pensions at a lower rate than the person who is eligible for salary. Retirement rules at point a and point b paragraph 2 Article 54 of this Law when one of the following cases:

a) Nam is 50 years old, women are 45 years old or older;

b) There are 15 years or more or more particularly heavy, malicious, dangerous categories of the category due to the Ministry of Labor-Trade and Social Affairs, the Department of Health.

What? 56. The monthly pension.

1. From this date of Law effective until 1 January 2018, the monthly pension of workers eligible for regulation at Article 54 of the Law is calculated at 45% of the average monthly wage in social insurance. at Article 62 of the Law, which corresponds to 15 years of social security, then add 2% for males and 3% for females; at a maximum of 75%.

2. From 1 January 2018, the monthly pension of workers eligible for regulation at Article 54 of the Law is calculated as 45% of the average monthly wage in the monthly Social Insurance regulations stipulated at Article 62 of this Law and corresponding to the number of years. to close social security as follows:

a) Labor ' s retirement in 2018 is 16 years, 2019 is 17 years, 2020 is 18 years, 2021 is 19 years, from 2022 onwards are 20 years;

b) The retired female worker from 2018 onwards is 15 years.

Each year, the worker rules at the point a and this b point is added 2%; the maximum level is 75%.

3. The worker ' s monthly pension is eligible for regulation at Article 55 of the Law which is calculated as stipulated at paragraph 1 and paragraph 2 This, after which every year of retirement before the prescribed age, is down by 2%.

The retirement age has an odd time of up to 6 months, and the decrease is 1%, from over 6 months, and does not reduce the percentage due to the pre-retirement age.

4. Women labor ' s monthly pension is eligible for a prescribed pension at 3 Article 54 being counted according to the number of years of social insurance and the average monthly wage in social insurance as follows: enough 15 years of social insurance. Forty-five percent of the average monthly wage is regulated under Article 62 of the Law. From 16 years to less than 20 years of social security, every year is 2% more.

5. The lowest monthly pension of worker participation in social insurance is obligated to be eligible for a prescribed pension at Article 54 and Article 55 of this Law equals the base salary, minus the prescribed case at a 1 Article 2 point and paragraph 3. Article 54 of this law.

6. The government regulates this.

What? 57.

The government regulates the regulation of pensions on the rising basis of the consumer price index and economic growth in line with the state budget and the social insurance fund.

What? 58. A one-time retirement allowance.

1. The worker has a higher social insurance time higher than the number of years corresponding to a 75% pension rate, while retirement, in addition to pension benefits once.

2. The first level of allowable support is calculated according to the number of years of social insurance higher than the number of years corresponding to a 75% pension rate, and every year of social security is calculated as 0.5-months of the average monthly wage in social insurance.

What? 59. The time of pension.

1. For workers who are closing social insurance mandatory at points a, b, c, d, e, e and i paragraph 1 Article 2 of this Law, the age of pension is the time of note in the decision to take a break from the employer when the worker has. Well, that's enough of a legal pension plan.

2. For workers who are closing social insurance mandatory at the point of 1 Article 2 of this Law, the age of pension is calculated from next month when the worker is eligible for pension and has the text of the offer sent to the insurance agency. Social life.

3. To the worker who rules at point g 1 Article 2 of this Law and who is preserving the time of social insurance, the time of the pension is the time that the writing in the employee ' s offer document has been eligible for a pension. Oh,

4. The Minister of Labour-Trade and Social Affairs provides details of the time of pensions for the worker stipulated at paragraph 1 Article 2 of this Law.

What? 60. Social Insurance once

1. The worker stipulated at paragraph 1 Article 2 of this Law which requires the benefit of social insurance once if one of the following cases:

a) Enough of the age of pension in terms of provisions 1, 2 and 4 Article 54 of this Law, which has not been 20 years of social insurance or prescribed in paragraph 3 Article 54 of this law that has not yet been 15 years of social insurance and does not continue to participate in social insurance. The prayer of prayer;

b) abroad for settlement;

c) Who is suffering from one of the life-threatening diseases such as cancer, polio, palaeocirrhosis, leprosy, severe tuberculosis, HIV infection has shifted to AIDS stage and other diseases according to the Department of Health;

d) The case of the labourers specified at the point and point 1 Article 2 of this Law when serving, discharged, quit the job without eligible for the pension.

2. Social insurance once calculated according to the number of years that have closed social insurance, every year is calculated as follows:

a) 1.5 months of average monthly wage in social insurance for the years ahead of 2014;

b) 02 months of average monthly wage coverage for social insurance for years closed from 2014 onwards;

c) The case of a social insurance-based time has not been enough for a year, the level of social insurance has closed, at a maximum of 2 months the average monthly wage in social insurance.

3. The level of social insurance once implemented by regulation at paragraph 2 does not include the amount of state money that supports voluntary social insurance, except for the specified case at the point of paragraph 1 This Article.

4. The timing of Social Insurance once was the time of writing in the decision of the social insurance agency.

What? 61. Preserve Social Insurance Time

Persons who work on quitting without eligible for a prescribed pension at Article 54 and Article 55 of this Law or the Social Insurance have not yet enjoyed the social insurance once stipulated at Article 60 of this Law, which is preserved in the time of social security.

What? 62. The average monthly wage on social insurance premiums to charge pensions, subsidies once again.

1. The worker of the object who performs the wage regime provided by the State to have the entire time of social security under this wage regime, calculating the monthly wages of the number of years of social insurance before retirement is as follows:

a) Joining the social insurance before January 1, 1995, the average of the monthly wages closed the social insurance of the last 05 years before retirement;

b) Joining the social insurance between January 1, 1995 and December 31, 2000, the average of the monthly wages closed the social insurance of the last 06 years before retirement;

c) Joining the social insurance between January 1, 2001 and December 31, 2006, the average of the monthly wages closed the social insurance of the last 08 years before retirement;

d) Joining the social insurance between 1 January 2007 and December 31, 2015, the average of the monthly wages closed the social insurance of the last 10 years before retirement;

Participating in social insurance from 1 January 2016 to December 31, 2019, the average monthly salary of the monthly wages closed the social insurance of the last 15 years before retirement;

e) Joining social insurance from 1 January 2020 to December 31, 2024, the average monthly salary of the monthly wage is the social insurance of the last 20 years before retirement;

g) Joining the social insurance from 1 January 2025 onwards the average amount of the monthly wages closed the social insurance of the entire time.

2. The worker has the full time of social insurance according to the wage regime decided by the employer to calculate the monthly salary that enforces the social insurance of the entire time.

3. The worker who has just had time to shut down the social insurance is subject to a state-made wage regime, which has a time of closing social insurance according to the wage regime decided by the employer to calculate the monthly wage. The general social insurance of the time, in which time the state-run-wage regime is calculated by the state, is calculated as the average monthly wage in terms of social insurance.

4. The government regulates this.

What? 63. The wage adjustment has closed social insurance

1. The wage has closed the social insurance to base the average monthly wage in social insurance against the prescribed labourers at 1 Article 89 of this Law which is adjusted according to the base salary at the time of the retirement benefit. Workers joined the social insurance on January 1, 2016.

For workers starting to participate in social insurance from 1 January 2016 onwards, wages have closed the social insurance to base the average monthly wage in social insurance adjusted as stipulated at 2 This.

2. The salaries have closed the social insurance to base the average monthly wage enablave of social insurance on the Labour specified at paragraph 2 Article 89 of the Law that is adjusted on the basis of the consumer price index of each period by statute. of the Government.

What? 64. pause, pension benefits, monthly social insurance subsidies.

1. The person who is enjoying the pension, the monthly social insurance allowance is halted, pension benefits, the monthly social insurance allowance when it comes to one of the following cases:

a) The unauthorized appearance;

b) The court declared missing;

c) There is a base that determines whether social insurance is not the right regulation of the law.

2. Retireage, the monthly social insurance allowance is continued to perform when the arrival of the arrival of the legal settlement under the law of residence law. In the case of a decision to have the law's legal effect of rescinking the decision to declare a missing person, in addition to continuing his pension, the pension is also given the pension, the monthly social insurance allowance since the time of the end.

3. The Social Insurance Agency when the decision to pause under the regulation at the point of paragraph 1 This thing must be written in writing and stating the reason. In the 30-day period since the day of the break, the social insurance agency has to decide to resolve the decision; the case of the decision to end social insurance has to clarify the reason.

What? 65. Practice of a social insurance regime on the person who is enjoying the pension, the monthly social insurance allowance abroad for settlement.

1. The person who is enjoying the pension, the monthly social insurance allowance to settle for the settlement to be awarded the grant once.

2. The one-time grant level for the pensioner is calculated according to time that has closed the social insurance in which every year of closing social insurance before 2014 is calculated as a 1.5 months pension, each year closing social insurance from 2014 onwards. It ' s calculated in the last two months of retirement, and then every month, the pension benefits one minus 0.5 months of pension. The lowest level in 3 months of pension is enjoying.

3. A one-time grant level for the person who is enjoying a monthly Social Insurance grant by 3 months of the allowance is enjoying.

Section 5

DEATH MODE

What? 66. Cremation.

1. The following people died, the burial person received a burial allowance:

a) The worker stipulated at a Article 2 of Article 2 of this Law which is closing the social insurance or the worker who is preserving the time of the social security that has had time to close from 12 months or more;

b) Labour people die from a labor accident, occupational illness or death during treatment due to labor accidents, occupational diseases;

c) The person who is having a pension; the allowance of labor accidents, the occupational illness, has been on the job.

2. An allowance of 10 times the base salary of the month in which one thing dies.

3. The person who rules 1 This is declared dead by the Court, and the person who is given a burial allowance stipulated in paragraph 2 of this.

What? 67.

1. Those who rule on paragraph 1 and paragraph 3 Article 66 of this Law belong to one of the following cases when death is the monthly precursor:

a) Have closed the social insurance for 15 years or more, but have not yet enjoyed social insurance once;

b) is having a pension;

c) Death by labor accident, occupational illness;

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

2. The relatives of the people who rule at 1 This are entitled to the monthly allowance, including:

a) I ' m not 18 years old; I ' m 18 or older if I ' m going to be able to do an 81 percent decline in labor; I ' m born when the father dies that the mother is pregnant;

b) Wife aged 55 or older or husband aged 60 or older; his wife under age 55, her husband under the age of 60 if impaired her ability to labor from 81% or more;

c) The father, mother of birth, the father of the wife or father of the husband, mother of the wife or mother of her husband, the other member of the family where the social insurance participant is in the obligation to cultivate the law of marriage and family law if the word is 60 years old. And they ' re 55 years old and upward for women.

d) The father, mother, father of the wife or father of the husband, mother of the wife or mother of her husband, the other member of the family that the social insurance participant is having an obligation to cultivate under the law of marriage and the family if under the age of 60 with men, under the age of 55 for women and suffering from impaired labor from 81% or more.

3. The patient regulates at points b, c and d 2 This must have no income or have monthly income but is lower than the base salary. The statutory income in this law does not include the statutory grant of the law of the public.

4. The deadline for the request to examine the decline of labor capacity to enjoy the monthly allowance is as follows:

a) For the period of 4 months from the date of the death of the social insurance the patient is willing to submit the offer;

b) In the period of 4 months before or after the relative period stipulated at the point of a paragraph 2 This expires at the prescribed allowance, the required application must be filed.

What? 68. monthly allowance.

1. The monthly allowance of each body equals 50% of the base salary; the patient is not directly raised, the monthly allowance is 70% the base salary.

2. The case of a person who dies from a specified subject at 1 Article 67 of this Law, the number of relatives who have been granted a monthly allowance of no more than 04 people; the case with the death of 2 people, the relatives of these people are given 2 times. It's an allowance for this one thing.

3. The monthly allowance of monthly allowance is carried out since the following month the object stipulated in paragraph 1 and paragraph 3 Article 66 of the Law is dead. In case you die, the mother is pregnant, the monthly allowance of your monthly allowance is born.

What? 69. The cases of grant grant once.

Those who rule in paragraph 1 and paragraph 3 Article 66 of the Law belong to one of the following cases of death, and the relatives are given one-time grant:

1. The dead worker does not belong in the prescribed cases at 1 Article 67 of this Law;

2. The worker dies from one of the specified cases at 1 Article 67, but it is not possible to have the monthly pension stipulated in paragraph 2 Article 67 of the Law;

3. The monthly allowance of the monthly allowance stipulated in paragraph 2 Article 67 that would be willing to enjoy the grant once, except for the case under the age of 6, the son or wife or husband that was impaired with the ability to work from 81% or more;

4. The case of a dead worker without a body stipulated at 6 Article 3 of the Law, the grant is once made in accordance with the law of inheritance law.

What? 70. Level 1 support

1. The level of grant per person to the worker ' s relatives who is entering social insurance or labourers is preserving the time of social insurance that is calculated according to the number of years that have closed social insurance, every year by 1.5 months of money per currency. Monthly wages were insured for years of social security before 2014; for the last 2 months, the average monthly wage of the month of social insurance for the years of social insurance from 2014 was gone; the lowest level of the three-month minimum wage. The months of social insurance. The average monthly wage for social insurance is the basis of the grant in accordance with the provisions of Article 62 of the Law.

2. A one-time grant for the person of the person who is in the pension of the dead is calculated according to the time of the pension, if it dies in the next 2 months of pension, the amount of pension is over the last 48 months of pension; if you die in the following months, An additional 1 months pension is a half-month pension, the lowest of the three-month pension.

3. The level of the base salary to charge the grant one time is the base salary at the month the specified person at paragraph 1 and paragraph 3 Article 66 of the Law is dead.

What? 71. The retirement regime and the death regime for people who have just had time to close the mandatory social insurance have just had a time of voluntary social insurance.

1. The retirement and death regime for workers who have had time to close the compulsory social insurance have just had time to close the voluntary social insurance that is done as follows:

a) There are enough 20 years of compulsory social insurance, the condition, the pension that is forced to follow the policy of compulsory social insurance; the lowest monthly pension equals the base salary, except for the subject stipulated at the point of one Article 2 of the order. This law.

b) There are 15 years of compulsory social insurance, the monthly allowance being implemented under the policy of compulsory social insurance;

c) There are enough 12 months of compulsory social insurance policies to go up, and the burial allowance is done according to the policy of compulsory social insurance.

2. The government regulates this.

CHAPTER IV

VOLUNTARY SOCIAL INSURANCE

Item 1

RETIREMENT MODE

What? 72. Subject to application of retirement mode

The subject of applying the pension regime to the voluntary social insurance is the labour person prescribed at paragraph 4 Article 2 of this Law.

What? 73.

1. The labourers who are in the labor pension when there are enough of the following conditions:

a) Nam is 60 years old, women are 55 years old;

b) Enough 20 years of social security.

2. The worker is eligible for age by regulation at the point of one Article but the time of the social insurance is not enough for 20 years to be closed until the end of 20 years for the pension.

What? 74. The monthly pension.

1. From this date of Law effective until 1 January 2018 the monthly pension of eligible workers stipulated at Article 73 of the Law is calculated as 45% of the average monthly income per month of social insurance. Article 79 of the Law corresponds to 15 years of social insurance; it adds 2% to males and 3% for females; at a maximum of 75%.

2. From 1 January 2018, the monthly pension of eligible workers stipulated at Article 73 of the Law is calculated as 45% of the average monthly income of the month of social insurance stipulated at Article 79 of this Law and corresponding to the number of years. to close social security as follows:

a) Labor ' s retirement in 2018 is 16 years, 2019 is 17 years, 2020 is 18 years, 2021 is 19 years, from 2022 onwards are 20 years;

b) The retired female worker from 2018 onwards is 15 years.

Each year, the worker rules at the point a and this b point is added 2%; the maximum level is 75%.

3. The regulation of pensions is carried out by regulation at Article 57 of this Law.

What? 75. A one-time retirement allowance.

1. The worker who has time to close social insurance is higher than the number of years corresponding to the rate of pension of 75%, in retirement, in addition to pension benefits once.

2. The first level of allowable benefits according to the number of years of social insurance is higher than the number of years corresponding to a 75% pension rate, and every year of social security is calculated as a 0.5-month average monthly income of the month of social insurance.

What? 76.

1. The time of the pension of the subjects stipulated at Article 72 of this Law is calculated from the adjacent month after the month of the Social Insurance participation is eligible for the provisions of the prescribed pension at Article 73 of this Law.

2. Minister of Labour-Trade and Social Affairs regulates this.

What? 77. Social insurance once.

1. The worker stipulated at paragraph 4 of Article 2 of this Law which requires the benefit of social insurance once if one of the following cases:

a) Qualive of age under regulation at the point of a 1 Article 73 of this Law but not enough 20 years of closing social insurance without continuing to participate in social insurance;

b) abroad for settlement;

c) Who is suffering from one of the dangers to life such as cancer, polio, cirrhosis, leprosy, severe tuberculosis, HIV infection has shifted to AIDS stage and other diseases according to the Ministry of Health regulation.

2. Social insurance once calculated according to the number of years that have closed social insurance, every year is calculated as follows:

a) 1.5 months of average income for the month of closing social insurance for the previous year of 2014;

b) 02 months of average monthly income of the month of social insurance for years closed from 2014 onwards;

c) The case of a social insurance-based time has not been enough for a year, the level of social insurance has closed, the maximum level of the average monthly income per month of social insurance.

3. Social coverage once an object supported by the State in accordance with regulation at paragraph 2 This does not include the amount of state money supporting voluntary social insurance, except for the specified case at the point of paragraph 1 This Article.

4. The timing of Social Insurance once was the time of writing in the decision of the social insurance agency.

5. The implementation of the Social Insurance regime on workers who participate in the voluntary social insurance is enjoying the retirement of the country to settle the procedure under regulation at paragraph 1 and paragraph 2 Article 65 of this Law.

What? 78. Preservation of social insurance, pause, pension benefits

1. The worker who stopped closing the voluntary social insurance that is not eligible for a pension by regulation at Article 73 or not receiving the social insurance once prescribed at Article 77 of this Law is preserved in the time of social security.

2. A pause, a pension benefit to the voluntary social insurance participant implemented under the regulation at Article 64 of this Law.

What? 79. The average monthly income for social insurance

1. The average monthly income per month of social security is calculated by the average monthly income of the monthly income.

2. The monthly income has closed the social insurance to base the average monthly income of the workers ' social insurance adjusted on the basis of the consumer price index of each period under the Government's regulations.

Item 2

DEATH MODE

What? 80. Cremation.

1. The following people died, the burial anxiety received the burial allowance:

a) The labourers have time to close social insurance from enough 60 months or more;

b) The person who is having a pension.

2. An allowance of 10 times the base salary of the month in which one thing dies.

3. The case of the specified person at 1 This is declared dead by the Court, then the patient is entitled to the provisions of the provisions of this two.

What? 81.

1. The worker is closing social insurance, workers are preserving the time of social security, who is enjoying a pension when they die, and the relatives are given a pension.

2. The level of grant per person to the worker of the worker who is closing the social insurance or is preserving the time of social insurance is calculated according to the number of years that have closed social insurance, every year by 1.5 months of average monthly income. The social hazard stipulated at Article 79 of the Law for the years of social security prior to 2014; by 2 months the average monthly income of the month of social insurance for the years closed from 2014 onwards.

In case the worker had a time of doing a social insurance-less than a year, then the level of the pension was closed, but the maximum level of 2 months was the average monthly income of the month of social insurance; the case of the labourers had a whole time. Social insurance is compulsory and voluntary, the level of allowable grant is a minimum of 3 months of average wage and monthly income of social insurance.

3. A one-time grant for the person of the person who is in the pension of the dead is calculated according to the time of the pension, if it dies in the first two months of pension, the amount of pension is over the last 48 months of pension; the case of death in the following months, It ' s a month of pension, and the pension is reduced to a half-month pension.

CHAPTER V.

SOCIAL INSURANCE FUND

What? 82. The sources of social insurance fund

1. The employer is based on regulation at Article 86 of this Law.

2. The worker closes the regulation at Article 85 and Article 87 of this Law.

3. The student money of the investment activity from the fund.

4. State support.

5. Other legal sources.

What? 83. component funds of the Social Insurance fund

1. The sick and maternity fund.

2. Labor accident fund, occupational illness.

3. The pension fund and the death.

What? 84. Using Social Insurance Fund

1. Pay the Social Insurance modes for the worker by regulation at Chapter III and Chapter IV of this Law.

2. Close the health insurance for the person who is enjoying a pension or holiday in the employment of a labor accident, a monthly occupational illness or a break from having a maternity allowance when giving birth or adoption or taking a child ' s allowance for a person. Patients with a disease in the category of medical treatment are required by the Ministry of Health.

3. The cost of social insurance management pursues to regulation at Article 90 of this Law.

4. Pay the examination fee of the impairment of labor capacity to the non-user-introduced case that monitors the decline of labor capacity for which the results of the monitoring are eligible for the benefit of social insurance.

5. Investment for preserving and growth of the fund by regulation at Article 91 and Article 92 of this Law.

What? 85. The closing level and closed mode of worker participation in social insurance is mandatory.

1. The worker stipulated at points a, b, c, d, e, and h 1 Article 2 of this Law, every month which encloses 8% of the monthly wage in pension and death funds.

The employer stipulated that a Article 2 of the Law, which is every month, is equal to 8% of the pension base in the pension and death fund.

2. The worker rules at the point g 1 Article 2 of this Law, the closing level and the closed method stipulated as follows:

a) A monthly contribution to the pension fund and the death rate of 22% of the monthly wage in the labor insurance of the worker before going to work abroad, for workers who have the process to participate in compulsory social insurance; by 22% of the 02 levels Base salaries for workers who have not yet engaged in compulsory social insurance or have joined compulsory social insurance but have enjoyed social insurance once;

b) The closed method is performed for 3 months, 6 months, 12 months or 12 months prior to the time of the record in the contract for the worker to work abroad. Workers close directly to the social insurance agency where workers ' residence before going to work abroad or through the business, organizing a career for workers to work abroad.

In the case of business, the organization of a career that takes workers to work abroad is a business organization, a career organization, paying social insurance to the worker and registering a way for the social insurance agency.

The case of a contract extension or contract with a new labor contract in the country receives a labour insurance in accordance with the rules of regulation at this or the access to the social insurance agency after the return of the country.

3. The labourers who do not work and do not enjoy the salaries from 14 days of work or return during the month do not close the social insurance that month. This time is not calculated to enjoy social insurance, except for the break of maternity leave.

4. The worker stipulated at the point a and point b 1 Article 2 of this Law that the contract of labour contracts with many employers will only close the social insurance in accordance with Article 1 Article on the first contract labour contract.

5. People who wage wages according to products, securities in businesses, coopercooperants, personal business households, cooperative organizations in agricultural, forestry, fishing, and matchmaking, the highest level of social insurance has been under regulation. At this point, the method is done every month, every three months or every 06 months.

6. The identification of a time of social insurance to be of a monthly pension and an allowance, one year has to be 12 months; the employer is eligible for the age of pensions that the time of social insurance is missing. It is a month that the workers are kept once for the monthly number of months lacking monthly levels by the total employment of workers and employers according to the monthly wage and social insurance premiums before the retirement of retirement and retirement.

7. The calculation of the retirement and death mode in the event of a social insurance closing time has the odd month calculated as follows:

a) From 01 months to 06 months are counted as half a year;

b) From 7 months to 11 months is counted as a year.

What? 86. The closing level and closed methods of employers

1. The employer of the monthly labor closes on the labor fund's social insurance fund stipulated at points a, b, c, d, e, and h paragraph 1 Article 2 of this Law as follows:

a) 3% to the sick and maternity fund;

b) 1% into the labor accident fund, occupational illness;

c) 14% into the pension and death fund.

2. The employer of the monthly labor closes on the basis of the base salary for each worker stipulated at the point of E 1 Article 2 of this Law as follows:

a) 1% into the labor accident fund, occupational illness;

b) 22% into the pension and death fund.

3. The monthly employer plays 14% of the base salary to the pension fund and the death of the worker stipulated at the point of paragraph 1 Article 2 of the Law.

4. The employer does not have to close social insurance for the worker by regulation at paragraph 3 Article 85 of this Law.

5. The employer is a business, cooperative, personal business passport, cooperative organization in agricultural, forestry, fishing, food-paid matches, according to the securities, according to the stipulation of 1 Article. This; the method of closure is performed every month, 03 months or 06 months.

6. Minister of Labor-Trade and Social Affairs rules out paragraph 5 Articles 85 and paragraph 5 Article 86 of this Law.

What? 87. The level of closing and the closed method of worker participation in voluntary social insurance

1. The worker stipulated at paragraph 4 of Article 2 of the Law, which is in a month closed by 22% of the monthly income chosen by the worker to close to the pension and death fund; the monthly income being the lowest social insurance base by the poor standard. Rural areas and at least 20 times the base salary.

Based on economic-social development conditions, the ability of state budgets for each period to scale support, support subjects, and the time of policy implementation of the policy of supporting social insurance money for workers involved in social insurance. Oh,

2. The worker is selected one of the following modes of close:

Every month;

b) 03 months;

c) 06 January;

d) 12 months once;

Once more years later, it is less than a monthly or a one-for-a-year period that is less than the monthly level than the regulation at this.

3. The government regulates this.

What? 88. Stop closing the mandatory social insurance

1. pause to close to the pension and death fund stipulated as follows:

a) In the event that employers are struggling to pause production, business leads to labourers and employers who are not capable of closing social insurance, which is temporarily suspended into the pension and death fund during the absence of a person. 12 months.

b) The expiration of the deadline is set to expire at this point, the employer and the worker continue to close the social insurance and compensate for the duration of the shutdown. The amount of compensation is not calculated by the regulation at 3 Article 122 of this Law.

2. The worker is involved in the mandatory social insurance that is imprisoned, the worker and the employer are temporarily shut down on social insurance. The case was given by the authorities to identify the injured worker, wrongly carrying out the social security compensation for the time of the detention. The amount of compensation is not calculated by the regulation at 3 Article 122 of this Law.

3. The government rules out the details of this and other cases temporarily shut down the mandatory social insurance.

What? 89. Months of compulsory social insurance.

1. The worker of the subject of a State-made wage regime, the monthly wage in social insurance is the wage in terms of tranche, rank, rank of rank, and job allowers, underage allowable, career-level allowable. (if any).

The employer stipulated at the point of paragraph 1 Article 2 of the Law, the monthly wage is a social insurance policy.

2. For workers who pay social insurance according to the employer's wage regime, the monthly wages for social insurance are the salaries and provisions of the provisions of the labor law.

From 1 January 2018 onwards, the monthly wages for social insurance are the salaries, salaries, and other provisions according to the law of labour law.

3. Cases of a monthly wage in clause 1 and paragraph 2 This is more than 20 times higher than the base salary, the monthly wages are on social insurance by 20 times the base salary.

4. The government regulates the retrieval, tracing the monthly wages of compulsory social insurance to the worker, the employer, except for the specified case at paragraph 3 Article 122 of the Law.

What? 90. Management expenses social insurance

1. The cost of social insurance management is used to carry out the following tasks:

a) Propaganda, policy-making, legislation on social insurance; training, professional fostering, social insurance, and social insurance;

b) Reform for social insurance, modernization of management systems; development, participant management, social insurance beneficion;

c) The organization, which pays the social insurance and operates the apparatus of the health insurance agency.

2. The funding source for carrying out the provisions of regulation at 1 Article, the annual is extracted from the student's predecessor of the investment activity from the fund.

At three years, the Government reported the Standing Committee of the National Assembly to decide on the level of social insurance management costs.

3. The Prime Minister rules out the terms of this.

What? 91. Investment Principles

Investment activity from the social insurance fund must ensure safety, efficiency, and recovery of capital investment.

What? 92. Investment forms

1. Buy Government bonds.

2. Send money, buy bonds, votes, deposit certificates at commercial banks that have a good quality of activity according to the credit rating of the State Bank of Vietnam.

3. For the state budget.

4 The government regulates this.

CHAPTER VI

ORGANIZATION, SOCIAL INSURANCE

What? 93. Social Insurance Agency

1. The Social Insurance Agency is the state agency that functions to implement the regime, social insurance policy, management and use of social insurance funds, health insurance, unemployment insurance; inspectors of social and unemployment insurance, unemployment insurance, insurance, and insurance. health and other duties according to the rules of this Law.

2. The government specifically regulates the organization, the mandate, the powers of the social insurance agency.

What? 94. Social Security Management Council

1. The Social Insurance Management Council is held at the national level responsible for directing, overseeing the activities of the social insurance agency and the social insurance policy advisory, health insurance and unemployment insurance.

2. The Social Insurance Management Council consists of representatives of the Vietnam Labor Federation, which organizes the employer, the state governing body on social insurance, the state governing body for health insurance, Vietnam Social Insurance and other organizations that have the same health insurance. All right.

3. The Social Insurance Management Council has its Chairperson, the Vice President and commissioners appointed by the Prime Minister, its dismissal, the term of office; the term membership of the Social Insurance Board is 5 years.

4. The government provides details on the working regime, responsibility and the operational funding of the Social Insurance Management Council.

What? 95. The mission, the jurisdiction of the Social Insurance Board

1. Through the development strategy of social insurance, long-term plan, 05 years, every year on the implementation of social insurance regimes, health insurance, unemployment insurance, conservation of conservation and growth of social insurance funds, health insurance, unemployment insurance, health insurance, and insurance. Oh,

Monitoring, examining the implementation of the social insurance agency on strategy, plans, and projects after approval.

2. The petition with the state agency has the authority to build, amend, implement policy, law on social insurance, health insurance, unemployment insurance, social insurance development strategy, the entire system of organizing the social insurance agency, the infrastructure and the health insurance system. management and the use of social insurance funds, health insurance, unemployment insurance.

3. Decision and is responsible to the Government on the investment forms and investment structure of social insurance funds, health insurance, unemployment insurance on the basis of the social insurance agency ' s proposed basis.

4. Through annual reports on the implementation of social insurance regimes, health insurance, unemployment insurance, management situation and the use of social insurance funds, health insurance, unemployment insurance before the Social Insurance of Vietnam Social Security Agency (Vietnam) You have jurisdiction.

5. Through annual accounting in terms of collection, social insurance funds, health insurance, unemployment insurance; the cost of social insurance, health insurance, unemployment insurance, before the Vietnamese Social Insurance.

6. Every year, the Prime Minister reports on the situation to carry out the duties, the regulatory powers and the operational results.

7. Do the task, other powers delivered by the Prime Minister.

CHAPTER VII.

THE PROCEDURE, THE PROCEDURE FOR SOCIAL INSURANCE

Item 1

SEQUENCE, SOCIAL AND SOCIAL INSURANCE

What? 96. Social insurance.

1. The Social Insurance Handbook is issued to each of the employees to monitor the closure, the enjoyment of social insurance regimes as the basis for addressing the social insurance regimes under the rules of this Law.

2. By 2020, the social insurance book will be replaced with a social insurance card.

3. The government regulates the sequence, the procedure to engage and resolve the social insurance regimes by means of electronic trading.

What? 97. Register for Social Insurance and Social Insurance.

1. The first social insurance participant registration records include:

a) The affidavit participated in the social insurance of employers accompanied by a list of workers involved in social insurance;

b) The affidavit participated in the social insurance of the worker.

2. Social insurance reinsurance records in case of failure or loss include:

a) The application to reissue the social insurance book of the worker;

b) Social insurance book in case of failure.

3. The government regulates the procedure, the participating profile, the social security level for the specified object at the point of E 1 Article 2 of this Law.

What? 98. Regulatory of Social Insurance

1. The employer must notice in writing with the social insurance agency when there is a change of information involved in social insurance.

2. The profile that regulates the personal information of the worker involved in social insurance includes:

a) The affidavit adjuvated personal information;

b) Social security:

c) The paper copy of the state agency has jurisdiction regarding the regulation of personal information in accordance with the rule of law.

What? 99. Resolve registration and social insurance levels

1. The settlement of the registration of social insurance for the first time is as follows:

a) In the 30-day period since the day of the contract of labor contracts, employment contracts or recruitment, employers submit a prescribed filing at paragraph 1 Article 97 of this Law for the Social Insurance agency;

b) The worker involved in the social insurance voluntarily filed a regulatory filing at the point b 1 Article 97 of this Law for the Social Insurance agency.

2. The labourers file a social insurance scheme under the provisions at paragraph 2 Article 97 of this Law for the Social Insurance agency.

3. Social Insurance Agency is responsible for the level of social insurance in the following deadline:

a) 20 days from the date of receiving enough prescribed records for the first compulsory social insurance participant;

b) 07 days since the date of receiving enough prescribed records for the first voluntary social insurance participant;

c) 15 days from the date of receiving enough prescribed records for the case of social insurance books; the case of verification of complex social insurance is less than 45 days. The unlicensed case must be answered by writing and stating the reason;

d) 10 days from the date of receiving enough prescribed records to the case that regulates the worker's social insurance, the social insurance agency has to issue a social insurance book. The unresolved case must be answered by writing and stating the reason.

4. Minister of Labor-Trade and Social Affairs regulates the sequence of the order, the procedure to participate and resolve the social insurance regime for the worker stipulated at the point b 1 Article 2 of this Law.

Item 2

SEQUENCE, PROCEDURE OF SOLVING SOCIAL INSURANCE

Article 100. The pool of illness.

1. The main copy or copy of the hospital paper on the worker or the child of the worker ' s treatment of the interior. The case of a worker or child of an outpatient treatment worker must have a certificate of social insurance.

2. The case of workers or children of the labourers who examine the disease, treating the disease abroad, the prescribed record at 1 This is replaced by the Vietnamese translation of the disease paper, which is treated by the basis of medical treatment, medical treatment, and medical treatment.

3. The list of workers resting on the enjoyment of the pain-based illness.

4. The Minister of Health for the Department of Health, the order, the authority to grant a certificate of social insurance, paper to the hospital, and the prescribed paper at points c, d, and Article 101 of Article 101 of the Law.

What? 101. Birth control pool

1. A period of birth control over child labor including:

a) a copy of the birth certificate or copy of your birth certificate;

b) A copy of your death certificate in case of death, copy of the mother ' s death certificate in case after the birth of the child that the mother died;

c) The confirmation certificate of the pathology facility, healing has jurisdiction over the condition of the mother after childbirth without sufficient health to take care of the child;

d) Quote the case of a mother ' s hospital or hospital paper in case of child death after birth without a birth certificate;

Certificate of medical treatment, medical treatment of female labor must take a leave of absence from the procedure in paragraph 3 Article 31 of the Law.

2. The case of female labor on pregnancy, miscarriage, dredging, abortion, stillbirth, or pathological abortion, the worker who performed the prescribed contraception at 1 Article 37 of the Law must have a certificate of taking on social insurance. with the case of outpatient treatment, the main version or the paper copy for the boarding treatment case.

3. The case of adoptable workers under 6 months of age must have a foster adoption certificate.

4. The case of male labor breaks when the child 's wife has to have a birth certificate or a copy of her birth certificate and the medical facility' s confirmation paper on the child ' s birth, childbirth under 32 weeks of age.

5. The list of workers who take part in the enjoyment of the maternity leave by the employer.

What? 102. The resolution of the sickness of pain, pregnancy.

1. In the 45-day period since the day back to work, the worker is responsible for filing a prescribed profile at paragraph 1 and paragraph 2 Article 100, paragraph 1, 2, 3 and 4 Article 101 of this Law for the employer.

When the worker left before the birth of the child, adoption of the adoption filed a regulation in paragraph 1 and paragraph 3 of Article 101 of the Law and presented a social insurance book for the social insurance agency.

2. In the 10-day period since the date of receiving enough files from the worker, the employer is responsible for the regulation of regulation at Article 100 and Article 101 of this Law filed for the social insurance agency.

3. Social insurance agency ' s resolution:

a) In the 10-day period since the date of receiving sufficient records by the employer, the social insurance agency must resolve and organize the pay for the worker;

b) During the 5-day period of work since the date of receiving sufficient employment from the worker before the birth of the child, adoption of the adoption, the social insurance agency must resolve and organize pay for the worker.

4. The case of an unresolved social insurance agency has to answer in writing and specify the reason.

What? 103. The resolution benefits the health care, rehabilitation after illness, maternity leave.

1. In the 10-day period from the day the worker is eligible for the benefit of nursing, rehabilitation after illness, maternity, the employer set up the list and submit to the social insurance agency.

2. In the 10-day period since the date of receiving enough records, the social insurance agency has the responsibility to resolve and organize the costs of the worker; the unresolved case must be answered by writing and stating the reason.

What? 104. Labor accident pool.

1. Social Insurance.

2. A labor accident investigation, the case of a traffic accident identified as a labor accident, is required to have a traffic accident or a traffic accident and a traffic accident scheme.

3. Paper out of the hospital after having treated the labor accident.

4. The border that monitors the decline of the labor capacity of the Board of Medical Monitoring.

5. Text of the proposal to resolve the labor accident regime.

Article 105. Occupational Illness

1. Social Insurance.

2. The environmental measure has a toxic element, the case of the specified border for many people the profile of each worker has a quotation.

3. Paper out of the hospital after the treatment of occupational diseases, the untreated case at the hospital has to have a career certificate.

4. The border that monitors the decline of the labor capacity of the Board of Medical Monitoring.

5. Text to address the regime of occupational illness.

What? 106. Solving a labor accident, occupational illness.

1. The employer file a file for the social insurance agency as prescribed at Article 104 and Article 105 of this Law.

2. In the 15-day period since the date of receiving enough records, the social insurance agency is responsible for the resolution of the labor accident regime, occupational illness; the unresolved case must be answered by writing and stating the reason.

What? 107. The resolution of the health care benefits, rehabilitation after labor accidents, occupational diseases.

1. The employer set up a list of people who have enjoyed the labor accident regime, the occupational illness that the health has not recovered and submitted to the social insurance agency.

2. In the 15-day period since receiving enough regulatory filings, the social insurance agency is responsible for addressing the health care regime, rehabilitation of workers and transferring money to the unit of labor use; the unresolved case must pay for it. the written word and clear the reason.

3. In the 10-day period since the date received money from the social insurance agency moved to, the employer is responsible for paying the allowance for the worker.

What? 108. Pension pool

1. The pension pool on the worker who is involved in the mandatory social insurance includes:

a) Social security.

b) The decision to quit the enjoyment of retirement or writing termination of the contract for the retirement of retirement;

c) The border monitoring of the employment rate of the Council of Medical Monitoring on retireers prescribed at Article 55 of this Law or a certificate of HIV/AIDS infection due to occupational risk accidents on the case of human-scale workers. It is at Article 54 of this Law.

2. The pension plan for workers who are engaged in voluntary social insurance, who is a time-saving participant of social insurance including the person who is accepting a prison sentence that includes:

a) Social security.

b) The proposed pension plan;

c) The commission for the procedure as the procedure to resolve the retirement and receiving pension to the person who is accepting the prison sentence;

d) The text of the state agency has jurisdiction over the return to legal settlement water for the case of unauthorized appearance; and the case.

The decision to take the Court's law to cancel the decision to declare a loss to the case of the missing person returned.

What? 109. Social insurance records once.

1. Social Insurance.

2. The one-time social insurance agenda.

3. For foreigners to settle in order to submit a copy of the certificate of the authority of the authority on whether or not the nationality of Vietnam or the Vietnamese translation is authenticated or witnessed one of the following papers:

a) a passport issued by foreign countries;

b) The visa of the foreign agency with a competent jurisdiction confirms the admission of the entry to the reason for settlement abroad;

c) The Certificate of Confirmation on the Practices of foreign nationality; confirmation papers or permanent card, residence with a term of 5 years or more of a foreign authority with a jurisdiction.

4. Quote the case record in the case of regulation at the point of paragraph 1 Article 60 and point c paragraph 1 Article 77 of this Law.

5. For the worker stipulated at Article 65 and paragraph 5 Article 77 of this Law, the per-level pension pool is carried out in accordance with the regulation at paragraph 2 and paragraph 3 This.

What? 110. Solving pension, social insurance once again.

1. In the 30-day period as of the time the worker is entitled to the pension, the employer filing the prescribed file at 1 Article 108 of this Law for the Social Insurance agency.

2. In the 30-day period as of the time the worker is entitled to the pension, the worker is defending the time of social insurance, the social insurance participant voluntarily submit the prescribed dosages at paragraph 2 Article 108 of this Law for the insurance agency. Social life.

3. In the 30-day period as of the time the worker is eligible and has a request for social insurance once filed a prescribed filing at Article 109 of this Law for the Social Insurance agency.

4. In the 20-day period since the date of receiving enough prescribed records for the pensioner or for a 10-day period, since the date of receiving enough prescribed records to the school of social insurance once, the social insurance agency is responsible for it. solved and the organization paid for the worker; the unresolved case must be answered by writing and stating the reason.

What? 111. The record of the death rate.

1. A state of endometriation for the person who is closing social insurance and the protoners of the time of social insurance include:

a) Social security.

b) The copy of the death certificate or death certificate or copy of the decision claim is that the deceased of the Tribunal has been in law;

c) The testimony of the relatives and the meeting of the relatives of the relatives to the circumstances of the monthly, but the one-time allowance.

d) A labor accident investigation, the case of a traffic accident identified as a labor accident, was required to have an additional traffic accident or an examination of the crime scene and a preliminary traffic accident at the end of the two. Article 104 of this Law; the copy of the occupational disease treatment for the case of death due to occupational illness;

In the United States, the U.S. government has reduced the likelihood of a decline in labor capacity for the patient to be impaired by 81% or more.

2. Records of the beneficiary of the person who is enjoying or who is temporarily out of retirement, pension of labor accidents, occupational diseases every month include:

a) The copy of the death certificate or death certificate or the decision to declare is that the dead of the Court has been in the law of law;

b) The testimony of the relatives and the meeting of the relatives of the relatives to the circumstances of the circumstances of the month, but of the number of times;

c) The margin of monitoring of the decline in labor capacity for the patient is impaired in labor capacity from 81% or more.

What? 112. The resolution of the degree of death.

1. In the 90-day period since the day of the security of the time of the social insurance closing time, people who participate in voluntary social insurance, who are enjoying their pensions, the labor accident allowance, occupational diseases every month die, their relatives file a regulatory filing. Article 111 of the Law for Social Insurance.

In the 90-day period since the day the worker is closing the mandatory social insurance, the relatives submit a prescribed file at 1 Article 111 of this law to the employer.

2. In the 30-day period since the date of receiving enough files from the worker ' s relatives, the employer filed the prescribed dosages at 1 Article 111 of this Law for the Social Insurance agency.

3. In the 15-day period since the date of receiving enough records, the social insurance agency is responsible for addressing and organizing the pay of the worker ' s relatives. The unresolved case must be answered by writing and stating the reason.

What? 113. The pension pool, the monthly social insurance allowance for unauthorized residents returning to the legal settlement and who was declared a return by the Court to return to the United States.

1. The application of the pension benefits, the monthly social insurance allowance.

2. The text of the state agency has jurisdiction over the return of legal settlement to the unauthorized exporter returning to legal settlement water.

3. The decision to have the Court ' s legal effect of cancellation of the decision to declare a missing person to the case of the Court declared the loss of return had been legally valid.

What? 114. The resolution of the pension benefits, the monthly social insurance allowance for unauthorized exporters returning to the legal settlement, who was declared a return by the Court to return home.

1. The worker filed a regulatory filing at Article 113 of this Law for the Social Insurance agency.

2. In the 15-day period since the date of receiving enough records, the social insurance agency has a responsibility to resolve; the unresolved case must be answered by writing and stating the reason.

What? 115. Transfer of pension benefits, social insurance.

The person who is in the pension, the monthly social insurance allowance that moves elsewhere in the country, has aspirations to enjoy social insurance in a new residence, which has the provision of a social insurance agency.

For a period of 5 working days from the date of receiving the application, the social insurance agency has a responsibility to resolve; the unresolved case must be answered by writing and stating the reason.

What? 116. The resolution of the social insurance regime is slow compared to the specified deadline.

1. The case beyond the statute of limitations is specified in paragraph 1 and paragraph 2 Article 102, paragraph 1 Article 103, paragraph 1 and paragraph 2 Article 110, paragraph 1 and paragraph 2 Article 112 of this Law must be made in writing.

2. The case of filing and resolution of a slow social insurance regime compared to the statute of limitations, causing damage to the right, the legitimate interests of the beneficiary should be compensated by the rule of law, unless the case is due to worker or body error. Employees of the subject of the subject are entitled to social insurance.

What? 117. The dosages, the self-discoverer of the decline of labor capacity to address the social insurance regime.

1. Records, the self-examination program that monitors the decline of labor capacity to address the social insurance regime regulated by the Minister of Health.

2. The examination of the level of labor impairment capacity must guarantee accurate, public, transparent. The Council of the Medical examiner is responsible for the accuracy of its monitoring results by the rule of law.

CHAPTER VIII

THE COMPLAINT, DENOUNCING AND HANDLING VIOLATIONS OF SOCIAL INSURANCE.

What? 118. Social Insurance Complaints

1. The worker, who is enjoying the pension, the monthly social insurance allowance, who is defending the time of closing social insurance and others have the right to recommend the agency, the organization, the individual with the authority to reconsider the decision, the agency ' s conduct, organization, personally when there is a base that decides, that behavior violates the laws of social insurance, infringes on its legal rights and interests.

2. The employer has the right to recommend the agency, the organization, the individual has the authority to review the decision, the conduct of the agency, the organization, the individual when there is the grounds that the decision, that behavior violates the law on social insurance, infringes on rights and benefits. It's my legal help.

What? 119. A self-resolution of social insurance claims

1. The settlement of the complaint to the decision, administrative conduct on social insurance is carried out in accordance with the law of the complaint of the complaint.

2. The resolution of the complaint to the decision, the behavior of social insurance not under the stipulation of the stipulation of one Article, the complaint has the right to choose one of the following two forms:

a) A first complaint to the agency, who has made a decision or the person with the violation. The case of the agency, who has the decision, the behavior of the alleged social insurance no longer exists, the state governing body of state employment is responsible for solving it;

b) Initiate the Court by the rule of law.

3. The case of a complaint is stipulated at the point a paragraph 2 This does not agree with the decision to resolve the complaint for the first time or too long the regulation that the complaint is not addressed then has the right to sue in the Court or complaint to the agency. State management of provincial labor.

The case of the complaint was not agreed with the decision to address the state governing body's complaint of provincial labour, or the statute of limitations on which the complaint was not resolved, the Court was entitled to sue.

4. The timing of the complaint, the deadline for the resolution of the complaint is imposed by the law of the complaint.

What? 120. Denouncing, denouncing social insurance.

The prosecution and the resolution of the alleged violation of the law on social insurance are carried out in accordance with the law on the charge.

What? 121. The authority to sanctify the administrative breach, the fine and the measure of remediation in the area of social insurance, health insurance, unemployment insurance.

1. The jurisdiction of the Social Insurance agency includes:

a) The Director General of Vietnam Social Insurance has a prescribed jurisdiction at paragraph 4 Article 46 of the Administrative Breach Disposal Law;

b) Director of provincial social insurance has jurisdiction under the regulation at paragraph 2 Article 46 of the Administrative Violation Disposal Law;

c) The chief executive officer led by the Director General of the Social Insurance of Vietnam decided to establish a jurisdiction under the provisions at paragraph 3 Article 46 of the Administrative Breach Disposal Act.

2. The person with the authority to sanctiate the prescribed violation at paragraph 1 This may be assigned to the deputy for the execution of the administrative breach.

3. The maximum amount of fines on the area of social insurance, health insurance, unemployment insurance, forms of punishment, consequences of remediation, administrative violation procedures, and other regulations that are related to the execution of the administrative breach of the executive order. according to the provisions of the Administrative Disposal Laws and other provisions of the relevant law.

What? 122. Legal coverage of social insurance.

1. Agency, the organization has a violation of the provisions of this Law, depending on the nature, the extent of the breach that is subject to the administrative violation; if the damage is caused by the law.

2. Individuals whose behavior violates the rules of this law, depending on the nature, the degree of violation that is subject to the administrative violation, disciplinary action, or the prosecution of criminal responsibility; if the damage is caused by law.

3. The employer has a stipulated violation of regulations at 1, 2 and 3 Articles 17 of this Law from 30 days or more, in addition to having to close enough unclosed, slow and processed money under the rule of law, also paying the amount of interest in 02 times. The average annual social insurance fund investment rate of the previous year is adjacent to the amount of money, slow time closed; if not done, at the request of the authority, the bank, the other credit organization, the state treasury is responsible for extracts from the property. The deposits of the employer's deposit to file the unclosed, slow, and interest rates of this money into the account of the social insurance agency.

CHAPTER IX

EXECUTION CLAUSE

What? 123. Transition rules

1. The provisions of this Law are applicable to the person who has been involved in the social insurance since before the Law Day in effect.

2. The person who is enjoying the pension before January 1, 1994, who is in pension, labor loss allowance, labor accident, occupational illness, monthly allowance, monthly allowance for township cadres, ward, town on the job, who has died. The expiration date of the allowance is currently enjoying a monthly allowance and the person who is suspended for social insurance due to the violation of the law before the law is effective, and is still in accordance with previous regulations and is adjusted to the extent of the law.

3. The labourers who have had time to close social insurance including regional allowance are in addition to pensions, social insurance once and the allowance that is resolved to subsidive the area once; the person who is enjoying pensions, labor loss subsidies, pension benefits. Labor accidents, occupational diseases every month, which are enjoying a monthly level in the area where the permanent residence has access to the area.

4. The beneficiary of the wife or husband at the body of Vietnam ' s representative abroad participate in compulsory social insurance with two pension and death regimes; the labourers quit due to the disease of the long-term treatment of the health care department. It ' s been enjoying the illness before this law enforcement effect is done by the government.

5. The person who is in the pension, the labor-loss allowance, the labor accident, the occupational illness every month before the law is effective when death is imposed on the rule of death in this Law.

6. The worker had time to work in the state area before January 1, 1995 if sufficient conditions were to be settled but had not been resolved to subsidim or subsidid once, the export allowance, the service time was counted as the time spent. It's a social insurance. The calculation of the time of work before 1 January 1995 for social insurance was made in accordance with previously prescribed texts on the time of work before 1 January 1995 to enjoy the social insurance of cadres, civil officials, officials, officials, and others. workers, soldiers and people's citizens.

7. Every year, the state moves from a budget of a budget to the social insurance fund to secure enough pension, social insurance benefits to the pension beneficiary, social insurance allowance before January 1, 1995; closing social insurance for the time of the year. It was before 1 January 1995 to the specified person at 6.

8. The worker who qualified and enjoyed the social insurance regimes before the Law Day takes effect on the implementation of the Law of Social Insurance. 71 /2006/QH11.

9. The pension beneficiary, social insurance allowance, a monthly allowance that is dealing with labor contracts is not subject to compulsory social insurance.

10. The government regulates this.

What? 124. Performance Performance

1. This law is in effect from 1 January 2016, except for regulation at point b 1 and paragraph 2 Article 2 of the Law has been valid since 1 January 2018.
2. Social Insurance Law No. 71 /2006/QH11 The effect of this law is effective.

What? 125. Detailed rules

The government, the authorities have the authority to rule out the details, the paragraph assigned to the Law.

The law was appointed by the National Socialist Republic of Vietnam XIII, the 8th session through November 20, 2014.

President of Congress.

(signed)

Nguyen Gung Xiong