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Decree 68/2007 / Nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Social Insurance For Compulsory Social Insurance For Military And Public Security Forces And People Working In Agencies Who Are Paid As For Military And Pub...

Original Language Title: Nghị định 68/2007/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Bảo hiểm xã hội về bảo hiểm xã hội bắt buộc đối với quân nhân, công an nhân dân và người làm công tác cơ yếu hưởng lương như đối với quân nhân, công an nhân dân

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DECREE
Detailing and guiding the implementation of some articles of the Law on Insurance
social insurance compulsory multiples for soldiers, police
People and workers
salaried cipher as for military and public security personnel who _______________



GOVERNMENT Pursuant to the Law on Organization of the Government dated 25 May 12, 2001;
Based Social Insurance Law June 29, 2006;
Pursuant to the Law Officers Vietnam People's Army, December 21, 1999;
Pursuant People's Police Law November 29, 2005;
Proposal of the Minister of Defence, Minister of Public Security and the Minister of Labour - Invalids and Social Affairs,

Decrees: Chapter I


GENERAL PROVISIONS Article 1. Scope
This Decree detailing and guiding the implementation of some articles of the Law on Insurance social about social insurance mandatory for military and public security forces and workers as salaried Cipher for soldiers, the people's police.
Article 2. Subject to
1. Workers eligible for salary specified in Clause 1 of Article 2 of the Social Insurance Law, including:
a) Officers and professional soldiers of the People's Army;
B) Officers, non-commissioned officers and professional officers, non-commissioned officers and technical expertise of the People's Police;
C) The work as salaried Cipher for soldiers, the people's police.
2. The employee eligible for the allowance provided for in Clause 1, Article 2 of the Social Insurance Law, including:
a) Non-commissioned officers and soldiers of the People's Army;
B) Non-commissioned officers and soldiers of the People's Police. 3
. Laborers specified in paragraphs 1 and 2 of this Article in the time to study, internships, work, study, travel nursing abroad while continuing to receive salaries or allowances in the country and the insurance premium Assembly under the regulations, are entitled to social insurance benefits specified in this Decree.
4. Employers who participate in social insurance provisions of Clause 2, Article 2 of the Law on Social Insurance include:
a) The agencies and units under the Ministry of Defense, Ministry of Public Security and Intelligence Committee extra;
B) Agencies and other organizations use Cipher workers;
C) Enterprise under the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee.
Article 3. The regime of compulsory social insurance
1. The regime of mandatory social insurance specified in Clause 1, Article 4 of the Social Insurance Law and this Decree, include: illness; maternity; labor accidents and occupational diseases; retire; survivorship.
2. Laborers specified in Clause 1, Article 2 of this Decree is made all 5 modes of compulsory social insurance. 3
. Workers provided for in paragraph 2 of Article 2 of this Decree is implemented regimes labor accidents and occupational diseases; retirement and survivorship.
Article 4. Principle
social insurance social insurance principle stipulated in Article 5 of the Social Insurance Law, implemented as follows:
1. Social insurance benefits are calculated on the base premium rate, while social insurance contributions and shared among the participants of social insurance.
2. Social insurance premiums required is calculated on the basis of the employee's salary specified in Clause 1, Article 2 of this Decree or calculated on the minimum wage for employees specified in Clause 2, Article 2 of Decree this. 3
. Workers recently have paid compulsory social insurance, both have paid voluntary social insurance, the period of social insurance contributions required to be added to the period of social insurance contributions to voluntary as basis for calculation of pension and death allowance.
4. Social insurance fund by Vietnam Social Insurance unified management. Part social insurance fund by Vietnam Social Insurance, and the user-level employees retained under the provisions of paragraph 1 of Article 92 of the Social Insurance Law shall be managed and used for the right purposes, ensuring democracy, openness and transparency.
5. The implementation of social insurance should be simple, easy, convenient, ensure the timely and full participation rights of social insurance.
Article 5. State management of social insurance in the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee
Ministry of Defense, Ministry of Public Security and the Government Cipher Commission as provided for in Article 7 and 8 of the Law on social insurance, within, its functions, perform state management of social insurance, with the duties and exercise the following powers:
1. To chair and coordinate with the Ministry of Labour - Invalids and Social Affairs and other ministries and relevant research, build the Government, the Prime Minister issued or issued under the authority of the legal text social insurance for military and public security forces and people working Cipher in the army, police and the organization Cipher.
2. Make recommendations to the Government on issues relating to regulations, policies and laws on social insurance. 3
. Implementation of the statistics, information, dissemination of policies and laws on social insurance.
4. Organizations implementing social insurance for employees who serve in the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee.

5. To inspect and examine the observance of the law on social insurance; settling complaints and denunciations and handle violations of the law on social insurance under their jurisdiction.
Article 6. Responsibilities of social insurance contributions required
1. Every month, employees specified in Clause 1, Article 2 of this Decree social insurance contributions in accordance with Clause 1 of Article 91 of the Social Insurance Code and Article 41 of this Decree.
2. Every month, the employer specified in Clause 4, Article 2 of this Decree social insurance contributions as stipulated in paragraphs 1 and 2 of Article 92 of the Social Insurance Code and Article 42 of this Decree.
Article 7. Prohibited Acts
Prohibited Acts on social security shall comply with the provisions of Article 14 of the Social Insurance Law.

Chapter II REGIME OF SOCIAL INSURANCE Section 1

MANDATORY
SICKNESS REGIME Article 8. Subjects and conditions for enjoying the sickness regime
Laborers specified in Clause 1, Article 2 of this Decree shall be entitled to sick when:
1. Illnesses and accidents must leave, certified by the medical establishment of the Ministry of Defense, Ministry of Public Security and the Government Cipher Commission or health facilities prescribed by the Ministry of Health.
Where sick leave due to self-inflicted, caused by drunk or using drugs, other drugs are not entitled to sickness.
2. Children under 7 years old are sick (including adopted in accordance with the law), with the certification of health facilities, absence from work to care for their sick children.
Article 9. Time
sickness entitlement period for enjoying the sickness regime prescribed in Clause 3, Article 23 and Article 24 of the Social Insurance Law, implemented as follows:
1. When sick, time sickness entitlement depending on the duration of treatment, including inpatient and outpatient.
2. The maximum time off work to care entitled to sick children in a year for each person, for each child per day, excluding public holidays, New Year holidays, weekly rest days, vacation days each year, as follows:
a) 20 days, for children under 3 years old; 15 days for the full 3 years and under 7 years of age;
B) Where both parents participate in social insurance, if a person was entitled to the expiry of the sick child care that children remain sick, the other person is entitled to the care of their sick children under the provisions of this clause.
Article 10. A
entitled to sickness benefit level sickness regime prescribed in paragraphs 1 and 3 of Article 25 of the Social Insurance Law, implemented as follows:
1. The holiday allowance level due to illness by 100% of the salaries of social insurance contributions of the month preceding the holiday.
2. The holiday allowance level to take care of their sick children by 75% of the salaries of social insurance contributions of the month preceding the holiday.
Article 11. convalescence and recuperation after sickness
convalescence and recuperation after sickness provided for in Article 26 of the Social Insurance Law, shall be as follows: | || 1. Laborers specified in Clause 1, Article 2 of this Decree after time off work sick entitled under the provisions of paragraph 1 of Article 9 of this Decree, shall be remain weak convalescence recuperation. The implementation convalescence and recuperation stipulated in Articles 11, 16 and 28 of this Decree by the Ministry of Defense, Ministry of Public Security and the weak government regulation, after reaching agreement with Ministry of Labour - Invalids and Social Affairs.
2. Time convalescence and recuperation in a year both for weekends, holidays, New Year holidays, dates of staying at the facility focused and do not count against vacation time entitled to sickness during the year, namely:
a) No more than 10 days in the case remain weak after the illness caused by a disease requiring long-term treatment;
B) Not more than 7 days for health has not been the case after a period of illness and surgery;
C) In 5 days for other cases of sick leave from 30 days or more during the year. 3
. Benefit level for convalescence and recuperation day:
a) by 25% of the common minimum salary, if convalescence and recuperation at home;
B) by 40% of the common minimum salary, if convalescence and recuperation at the base concentrate, including accommodation, meals and travel. Section 2


MATERNITY REGIME Article 12. Subjects and eligibility for maternity
1. Laborers specified in Clause 1, Article 2 of this Decree shall be entitled to maternity as defined in Article 27 and Article 28 of the Social Insurance Law in one of the following cases:
a) Female soldier , the people's police women, female employees working pregnant cipher;
B) Female soldiers, civil police women, female employees working in childbirth cipher;
C) Employees adopt children under 4 months of age;
D) Workers perform IUD, abortion, smoking menstrual regulation, sterilization.
2. The employee is entitled to maternity provisions in points b and c of paragraph 1 of this Article must have paid social insurance premiums for full 6 months or more during the 12 months before the birth or adopt a child.
3
. Where workers have demobilized, resign before the birth or adoption is under 4 months of age and meet the conditions provided for in paragraph 2 of this Article shall still be entitled to maternity allowance provided for in the points a, b, c and e, Clause 3; Clause 4 of Article 13 and Clause 1, Clause 2 of Article 14 of this Decree.
Article 13. The period of maternity
The period of maternity provisions in Articles 29, 30, 31, 32 and 33 of the Social Insurance Law, implemented as follows: || | 1. During pregnancy, women in uniform, people's police women, female employees working in cipher was off work for antenatal clinic five times, each time a day; if distant health facilities, pregnant or pathological or abnormal pregnancies, they are entitled to two days for each prenatal visit.
Break entitlement to maternity when antenatal care per day, excluding public holidays, New Year holidays, for weekends.
2. When a miscarriage, abortion, abortion or stillbirth is leave under the maternity 10 days if it is a month; 20 days if from a month to three months; 40 days if from three months to less than six months; 50 days if six months or more. 3
. When a baby is entitled to maternity leave entitlement as prescribed below:
a) 5 months for female soldiers, civil police women, female employees work in general muscle weakness;
B) 6 months for female soldiers, female people's security, women workers working in cipher was wounded, beneficiaries of policies for war invalids, the pensioner occupational accidents and diseases; now, the disabled, reduced working capacity of 21% or more;
C) In the case of twins or more, beyond the period stipulated in Point a or b of this paragraph shall be calculated from the second onwards, every child is entitled to an additional 30 days;
D) If, after the birth, if the child dies, the period of leave under the maternity regime as follows:
- children under 60 days old are dead the mother is entitled to 90 days, from the date birth;
- Children between 60 days and older died, the mother is entitled to 30 days, from the day I die.
Total time leave under the maternity provisions of Point d does not exceed the period of maternity leave as stipulated in points a, b and c, Clause 3 of this article and do not count against vacation time the specific work under the provisions of the labor law.
E) Where only one parent social insurance or both parents are involved in the social insurance and the mother dies after giving birth, the father or the direct nurturing of leave until the child is 4 months old.
4. When adoption is under 4 months of age according to the law, they are entitled to enjoy maternity until the child is 4 months old.
5. When the IUD is leave under the maternity 7 days; when performing sterilization is leave under the maternity 15 days.
6. Time off for maternity entitlement provided for in paragraphs 2, 3, 4 and 5 of this Article including holidays, New Year holidays, for weekends.
Article 14.
maternity entitlement to maternity benefit level prescribed in Article 34 and Article 35 of the Social Insurance Law, implemented as follows:
1. Maternity benefit level in the cases provided for in Article 13 of this Decree by 100% of the average monthly wage of social insurance contribution of 6 months preceding the holiday.
2. Women workers in childbirth or child adoption workers under 4 months of age, in addition to the allowance specified in paragraph 1 of this Article shall receive one-time allowance equal to 2 months' salary for each of the common minimum.
Where only the father of social insurance and the mother dies in childbirth, the father once subsidized by 2 months minimum wage for each child. 3
. Time off for maternity entitlement provided for in Article 13 of this Decree shall be calculated as the period of paying social insurance. This time the workers and employers who do not pay social insurance.
Go to Article 15 before expiry of maternity leave
Go to work before the expiration of the maternity leave provided for in Article 36 of the Social Insurance Law, implemented as follows:
1. Female workers provided for in paragraph 1 of Article 2 of this Decree may go to work before the expiry of the maternity leave provisions in points a, b, c and d, Clause 3, Article 13 of this Decree when it satisfies the conditions follows:
a) after childbirth full 60 days or more;
B) certification of the medical facilities of the workplace is not harmful to health;
C) To heads of agencies and units directly managing agree.
2. In addition to wages for the days worked by the employer to pay, female workers go to work before the expiration of maternity leave are entitled to maternity leave until the end of the time limit specified at Points a, b , c and d, Clause 3, Article 13 of this Decree.
Article 16 convalescence and recuperation after maternity leave
convalescence and recuperation after maternity leave provided for in Article 37 of the Social Insurance Law, implemented as follows :

1. Female workers provided for in paragraph 1 of Article 2 of this Decree after the maternity leave entitlement as provided for in paragraph 2 and the points a, b, c and d, Clause 3, Article 13 of this Decree which remain weak shall be convalescence, recuperation.
2. Time convalescence and recuperation in a year both for weekends, holidays, New Year holidays, dates of staying at the facility focused and do not count against vacation time entitled to maternity during the year, namely:
a) No more than 10 days in the case of twins or more;
B) Not more than 7 days for maternity cases require surgery;
C) In 5 days for other cases. 3
. Benefit level for convalescence and recuperation day:
a) by 25% of the minimum wage if the convalescence and recuperation at home;
B) In 40% of the minimum wage if the convalescence and recuperation at the base concentrate, including accommodation, meals and travel. Section 3

REGIME FOR LABOR ACCIDENT, OCCUPATIONAL DISEASES Article 17. Subjects
conditions and accidents entitled
Workers labor provisions in paragraphs 1 and 2 Article 2 of this Decree, if impaired ability to work by 5% due to an accident in one of the following cases shall be entitled to occupational accidents:
1. Accident during military training, learning, training, work, labor, production, performing the tasks required by unit commanders, including workplace or outside the workplace, in working hours or outside working hours.
2. Accident on the route to and from residence to workplace, in the period and reasonable route:
a) During the period of time reasonably necessary for the workers to the before the return to work or after work prescribed or outside office hours at the request of the commander of the unit;
B) reasonable route regularly traveled route from residence to workplace and vice versa.
Article 18. Subjects and conditions for entitlement
1 occupational disease. Laborers specified in paragraphs 1 and 2 of Article 2 of this Decree are entitled to occupational disease when it satisfies the following conditions:
a) Working in a job environment or toxic elements that were diseases on the list of occupational diseases by the MOH and the Ministry of Labour - Invalids and Social Affairs;
B) For loss of working capacity between 5% or more due to illness in the cases provided for in paragraph 1 of this Article.
2. Laborers specified in paragraphs 1 and 2 of Article 2 of this Decree with HIV / AIDS due to occupational accidents while on duty are entitled to an occupational disease.
Article 19. Responsibilities of agencies, units of the military and public security personnel who, cipher workers labor accidents and occupational diseases
agencies and units under the Ministry defense, Ministry of Public security and the Government Cipher Committee is responsible to pay the medical expenses and wages for laborers from the first aid and emergency treatment until stable injury, illness; stable after treatment of injury, illness, the employee referral for assessment of impairment of working capacity as a basis for solving mode occupational accidents or occupational diseases.
Article 20.- Assessment of working capacity decline
inspections, appraisal or assessment of their ability to decrease labor comply with the provisions of Article 41 of the Social Insurance Law , on the basis of disability, disease was stable after treatment.
Article 21 Allowance for labor accidents and occupational diseases once
Workers labor accidents and occupational diseases that impaired the ability to work from 5% to 30% are entitled lump sum as provided for in Article 42 of the social Insurance Law, implemented as follows:
1. Decline 5% are entitled to 5 months' common minimum salary, then every 1% decline by 0.5 months shall enjoy general minimum wage.
2. In addition to the allowance specified in paragraph 1 of this Article, are entitled to benefits based on length once paid social insurance premiums and salaries social consecutive months before the labor accident , occupational disease; from a social insurance contribution years or less are entitled to 0.5 months, and then one additional year of social insurance contribution (12 months) was 0.3 months additional salary the social insurance contributions of the month preceding the leave to treat wounds, diseases resulting from occupational accidents and occupational diseases.
Article 22 Allowance for labor accidents and occupational diseases 1
monthly. Workers due to labor accidents and occupational diseases that reduced working capacity of 31% or more, the monthly allowance as provided for in Article 43 of the Social Insurance Law, shall be as follows: | || a) decline 31% are entitled to 30% of the minimum wage, then every 1% decline shall be entitled to 2% of the general minimum wage.

B) In addition to the benefits provided for in paragraph 1 of this Article, each month, are entitled to an allowance calculated according to the time paid social insurance premiums and salaries of months society preceding the labor accidents and occupational diseases; from a social insurance contribution years or less are entitled to 0.5%, then one additional year of social insurance contribution (12 months) is an additional 0.3% of the salaries of social insurance contributions months preceding the leave to treat wounds, diseases resulting from occupational accidents and occupational diseases.
2. Workers with HIV / AIDS due to occupational accidents while on duty allowance equal monthly occupational disease allowances by workers suffering from occupational diseases decline lowest working capacity 61% without going through medical evaluation.
Article 23. The time allowance for labor accidents and occupational diseases
Time allowance for labor accidents and occupational diseases specified in Article 44 of the Social Insurance Law, implemented as follows :
1. Subsidies for labor accidents and occupational diseases once or monthly and serve allowances (if any) have been awarded since January medical treatment after discharge.
Case of hospital treatment several times before medical examiners shall enjoy discharged from December of last treatment, prior to medical evaluation.
2. Where the synthesis of the expertise to decrease working capacity is calculated according to the results of subsidized medical evaluation summary and enjoy discharged from months of treatment for labor accidents or occupational diseases last. 3
. In case of injury or illness relapse and re-assessment was the reduction of the working capacity, the benefit calculated under re-evaluation results from January and enjoyed the conclusions of the Medical Evaluation Board.
4. Cases of occupational accidents or occupational diseases which are not treated in health facilities, the allowance for labor accidents and occupational diseases once or monthly from the month enjoying the conclusions of the Council of Medical Expertise lock.
Article 24. Level of living aids, orthopedic devices
Granting living aids, orthopedic appliances for labor accidents and occupational diseases shall comply with the provisions Article 45 of the social Insurance Law.
Article 25. Subsidies Subsidies serve
serve the provisions of Article 46 of the Social Insurance Law, implemented as follows:
Workers labor by accident or occupational disease, working capacity decline of 81% or more and spinal paralysis; he was blind or amputated, paralyzed or mentally ill, apart from the monthly allowance provided for in paragraph 1 of Article 22 of this Decree, the monthly allowance is also served by the general minimum wage.
Article 26 health insurance regime
health insurance regime prescribed in Clause 4, Article 15 of the Social Insurance Law, implemented as follows:
Laborers specified in Clauses 1 and 2 of Article 2 of this Decree, if they have not participated in the holiday social insurance contributions, currently allowance for labor accidents and occupational disease and not eligible for monthly pension benefit shall enjoy protection health insurance and social insurance by the Fund guarantee.
Article 27 Allowance once they die due to labor accidents and occupational diseases
allowance once he died due to occupational accidents and occupational diseases specified in Article 47 of the Social Insurance Law, performed as follows:
laborers specified in paragraphs 1 and 2 of Article 2 of this Decree is working but died due to occupational accidents, occupational disease or death during treatment times where due labor accidents and occupational diseases, their relatives are entitled to one month's salary equal to 36 times the minimum; in addition, still be entitled to death benefits under the provisions of Section 5 of Chapter II of this Decree.
Article 28. convalescence pay for health after treatment for labor accidents and occupational diseases
convalescence and recuperation after treatment for labor accidents and occupational disease provisions Article 48 of the social Insurance Law, implemented as follows:
1. Workers provided for in paragraphs 1 and 2 of Article 2 of this Decree after stabilization treatment period of injury, disease, labor accidents or occupational diseases which remain weak, it was convalescence, rehabilitation strong.
2. Time convalescence and recuperation in a year both for weekends, holidays, New Year holidays, dates of staying focused at the facility, specifically:
a) Not more than 10 days for cases of occupational accidents and occupational diseases have a working capacity decline of 51% or more;
B) Not more than 7 days for cases of occupational accidents and occupational diseases can decrease working capacity from 31% to 50%;
C) In 5 days for cases of occupational accidents and occupational diseases can decrease working capacity from 15% to 30%. 3
. Benefit level for convalescence and recuperation day:
a) by 25% of the minimum wage if the convalescence and recuperation at home;

B) In 40% of the minimum wage if the convalescence and recuperation at the base concentrate, including accommodation, meals and travel. Section 4


RETIREMENT REGIME Article 29. Subjects and conditions
monthly pension benefit Laborers specified in Clause 1, Article 2 of this Decree if the holiday is paid monthly pension in one of the following cases:
1. Having reached the age of 55, women 50 years of age and have enough social insurance premiums for 20 years or more.
2. Men from the age of 50 to 55 years of age, women aged 45 years old to 50 years old and have enough social insurance contributions for 20 years or more, including 15 years as a career or hard work, hazardous or on the list of dangerous occupations and work by the Ministry of Labour - Invalids and Social Affairs and the Ministry of Health or the full 15 years of working in areas where there is allowance coefficient of 0.7 or higher. 3
. The following persons have been paid, social insurance as prescribed, the holiday is entitled to a monthly pension:
a) Male soldiers have enough 25 years, women in uniform have the 20 years of people in the military operation, in which at least 5 years military, but the military no longer needs to allocate officers, professional soldiers, military employees or not moving sectors. Working time in the military include time officers, professional soldiers, officers and soldiers, defense workers and employees;
B) Nam People's Police has full 25 years, the people's police women 20 years or older have been working in the people's police, of which at least 5 years of seniority, if poor health , limited capacity, due to work requirements or voluntarily resign. Duration of work in the police include time officers, noncommissioned officers, soldiers, students, workers and the people's police officer;
C) The work is essentially male body has enough 25 years and women 20 years or older have been working in the major organs, including at least 5 years seniority calculated cipher sector agencies cipher no longer needs to work arranged in organs are weak or non-moving industry. Duration of work in organizations including time cipher cipher work to do and time to do other work.
4. Workers with HIV / AIDS due to occupational accidents while performing their duties, the social insurance contribution for 20 years or more.
Article 30 Conditions of the pension when labor capacity decrease on pension
conditions when labor capacity reduction provided for in Article 51 of the Social Insurance Law, shall be as follows: | || employees specified in paragraph 1 of Article 2 of this Decree, enjoy the holiday with a monthly pension of pensions lower than the retirement provisions of Article 29 of this Decree, when in one of the following cases:
1. Having reached the age of 50, women 45 years old and have enough social insurance contributions for 20 years or more and reduced working capacity of 61% or more.
2. Social insurance contribution for 20 years, including 15 years employed or work in extremely heavy, hazardous or dangerous occupations on the list, the work by the Ministry of Labour - Invalids and social Affairs and the Ministry of Health which reduced working capacity of 61% or more, regardless of the age.
Article 31. The level of monthly pension and lump sum upon retirement
monthly pension rate and lump sum retirement provisions of Article 52 and Article 54 of the Social Insurance Law, carry as follows:
1. For pensioners the provisions of Article 29 of this Decree, the monthly pension based on length of social insurance contributions and the average monthly wage of social insurance contributions: 1 5-year full social insurance contribution equal to 45% of the average monthly wage of social insurance contributions; then, each additional year of social insurance contributions are added 2% for males and 3% for women. The level of the maximum monthly pension equal to 75% of the average monthly wage of social insurance contributions.
2. For pensioners the provisions of Article 30 of this Decree, the monthly pension is calculated as specified in paragraph 1 of this article, leave for each year before age pension benefit than the retirement age stipulated in the Items 1 and 2 of Article 29 of this Decree shall be reduced by 1% of the average monthly wage of social insurance contributions. The level of the lowest monthly pensions by the minimum wage. 3
. In addition to monthly pension, if the period of paying social insurance premiums over 30 years for men and 25 years for women, when they retire there once allowance is calculated as follows: since the 31st onwards for men and from the 26th year onwards, for women, for each year of social insurance contributions by 0.5 months subsidized monthly wage of the average social insurance contribution.
4. Time social insurance contributions stipulated in paragraphs 1, 2 and 3 of this Article, if any odd months, the calculation of pension monthly pension or lump sum upon retirement are as follows: less than 3 months insurance premium Assembly shall not be counted; full 3 months and 6 months half (1/2) of pension of one year of social insurance contributions; from over 6 months and under 12 months of the year by the effects of a social insurance contribution.

Article 32. Social insurance benefits once
social insurance benefits once the provisions of Article 55 and Article 56 of the Social Insurance Law, implemented as follows:
1. Laborers specified in paragraphs 1 and 2 of Article 2 of this Decree upon demobilization, demobilization, severance, workers with HIV / AIDS due to occupational accidents while on duty, if not eligible for a monthly pension provisions of Article 29 or Article 30 of this Decree shall enjoy social insurance benefits once.
2. The level of social insurance benefits once per period of social insurance contribution and the average monthly wage of social insurance contributions: for each year of social insurance premiums are subsidized by the average 1.5 months monthly wage. 3
. Time social insurance contributions if odd months, then the calculation of the allowance once as specified in paragraph 4 of Article 31 of this Decree.
Article 33. To reserve a period of paying social insurance
reserved time social insurance contribution provided for in Article 57 of the Social Insurance Law, implemented as follows:
1. When retiring workers without eligibility for entitlement to a monthly pension, if they wish not to receive social insurance benefits once the reserved time social insurance contributions.
2. During reservation:
a) If the continuing social insurance premiums shall be added to the period of paying social insurance and settlement of social insurance regime as prescribed for each subject at time solving social insurance policies;
B) if they wish to receive social insurance benefits once the provincial Social Insurance, city of residence legal settlement;
C) If there is a full 20 years of social insurance contributions or more and in time no further reserves the social insurance contributions, when reaching the age prescribed in paragraph 1 or 2, Article 29 of Decree this shall be entitled to a monthly pension, social insurance by the province or city where the settlement of legal residence;
D) If there is a full 20 years of social insurance contributions or more, while reserves illness or accident that impaired working capacity, the object is to submit an application to the Insurance social provincial cities where proposed legal residence referred medical assessment of the degree of reduction of working capacity. If all the conditions specified in Article 30 of this Decree, shall be entitled to a monthly pension with low pension levels;
E) If death shall be entitled to the death benefits provided for in Section 5 of Chapter II of this Decree.
Article 34. The level of the average monthly wage of social insurance contribution for calculating pensions, lump
The average of monthly salaries social insurance contribution for calculating pensions, allowances once retirement, social insurance benefits once provided for in paragraph 2 of Article 50 and in Articles 58, 59, 60 and 61 of the social insurance Law, implemented as follows:
1. Laborers specified in paragraphs 1 and 2 of Article 2 of this Decree shall be subject to the salary regime prescribed by the State, which started taking social security before 01 January 1995 and has 01 full the period of paying social insurance premiums under the salary regime, the calculation of the average monthly wage last 5 years before retirement or demobilization, demobilization, severance.
2. Laborers specified in paragraphs 1 and 2 of Article 2 of this Decree shall be subject to the salary regime prescribed by the State, which started taking social insurance for a period of 01 months 01 years 1995 to December 31, 2006 and the entire period of social insurance premiums under the salary regime, the monthly wage of the average social insurance contribution is calculated as follows:
a) Join sure social insurance for the period from 01 January 1995 until 01 December 31, 2000 is calculated on the average monthly wage of the last 6 years before retirement or demobilization, demobilization, severance;
B) To participate in social insurance for the period from 01 January 2001 until 01 December 31, 2006 is calculated on the average monthly wage of the last 8 years before retirement or before demobilization, demobilization, severance. 3
. Laborers specified in paragraphs 1 and 2 of Article 2 of this Decree shall be subject to the salary regime prescribed by the State, which started the social insurance participants from 01 January 01 2007 onwards and has the entire period of social insurance premiums under the salary regime, the calculation of the average monthly wage last 10 years before retirement or demobilization, demobilization, severance.

4. Laborers specified in paragraphs 1 and 2 of Article 2 of this Decree had time to participate in social insurance according to the salary regime prescribed by the State, has had time to participate in social insurance are not under State wage provisions, shall be calculated as the average salaries and wages of the time overall, including: time of social insurance participation under the salary regime prescribed by the State count as items 1 , 2 and 3 of this Article; time social insurance non-wage regime prescribed by the State shall be calculated as the average salary or remuneration on general social insurance contributions of the time.
5. Wages have social insurance premiums under the salary regime prescribed by the State, as provided for in paragraphs 1, 2, 3 and 4 of this Article as a basis for calculating the average monthly wage is adjusted according to wage common minimum at the time of social insurance benefits.
Wages have social insurance premiums under the salary by the employer provisions are specified in Clause 4 of this Article, as a basis of calculating the average monthly wage in resolving insurance benefits social, adjusted on the basis of cost of living index in each period, the Ministry of Labour - Invalids and social Affairs in collaboration with the Ministry of Finance to study and submit to the Government regulations.
6. Time social insurance participation under the salary regime prescribed by the State, as provided for in paragraphs 1, 2, 3 and 4. This includes the time the soldiers, the people's police, workers cipher, defense workers and employees, police employees and officials, workers and employees essential engineering, contract workers in the defense business, security and cipher; officials, civil servants and state employees; contract workers under contract working mode according to the law on officials and public servants; contract workers in state enterprises.
7. Military and public security personnel who, cipher workers have moved to the category of public servants and employees of national defense, public security, industry cipher or transferred to work on the payroll at state agencies, political organizations political, political organizations - social, paid from the state budget or transfer to a State enterprise sector before retirement, the pension calculation carried out as follows:
a) the average cash grab monthly salary as basis for paying social insurance at the time of retirement, plus seniority allowances (if already awarded) calculated at the time of active service officers salaries, professional army troops people and officers, non-commissioned officers of the people's police or seniority allowance calculated at the time worked in organs adjacent weak at the moment before moving industry, is converted under the salary regime prescribed at the time of retirement to serve as a basis for calculating pensions;
B) Where the soldiers, the people's police, people working in the sector have moved cipher then retire with the retirement pension calculated according to item a pension lower than the calculated salary the average soldier, the people's police, who work at the time of weak muscles, the latter shall transfer the average monthly wage at the time of transfer and conversion under the salary regime provided for in point retired as a basis for calculating pensions.
Article 35 health insurance regime
military and public security personnel who, cipher workers entitled to a monthly pension while enjoying medical insurance provisions in clause 4 of Article 15 social insurance Law, due to the social insurance fund guarantees. Section 5


DEATH ALLOWANCE Article 36. Funeral allowance
1. Laborers specified in paragraphs 1 and 2 of Article 2 of this Decree in one of the following cases when the person dies, the funeral shall receive a funeral allowance:
a) is social insurance contributions;
B) is reserved time social insurance contributions;
C) is entitled to a monthly pension or who have retired and are enjoying allowances for labor accidents and occupational diseases every month.
2. Funeral allowance equal to ten months' common minimum salary. Article 37. The case
allowance
monthly death cases monthly death allowance provided for in Article 64 of the Social Insurance Law, implemented as follows:
1. Laborers specified in paragraphs 1 and 2 of Article 2 of this Decree in one of the following cases, they die, their relatives are entitled to a monthly survivorship allowance:
a) Has the social insurance premiums for full 15 years or more but less allowance once social security (including social insurance is playing or who reserve a period of paying social insurance);
B) Death due to occupational accidents and occupational diseases; was infected with HIV / AIDS because of occupational accidents while performing their duties, including death during the first treatment;
C) is entitled to a monthly pension;
D) is allowance for labor accidents and occupational diseases monthly at working capacity decline of 61% or more.
2. Relatives of the subjects specified in paragraph 1 of this Article monthly death benefits, including:

A) Con (including biological children, legally adopted children, illegitimate children are legally recognized, the offspring that when the husband dies the wife is pregnant) under 15 years of age or less than 18, if while at school or a full 15 years or older but reduced working capacity of 81% or more;
B) wife of 55 years and older or husbands full 60 years or older; husband and wife are under 55 or under 60 years old but working capacity decline of 81% or more;
C) The father, mother, fathers-in-law, wife, mother or mother in law, others that the subjects specified in paragraph 1 of this Article shall be responsible as a nourishing life if full 60 years or older for men, from 55 years and over for women;
D) The father, mother, fathers-in-law, wife, mother or mother in law, others that the subjects specified in paragraph 1 of this Article shall be responsible alive when nourished, less than 60 years for men , less than 55 years for women, but having lost working capacity by 81% or more.
Relatives are monthly death allowance specified in point b, c and d of this paragraph shall not have a monthly income or monthly income, but the income is lower than the minimum wage.
Article 38. Subsidies monthly death
monthly death allowance provided for in Article 65 of the Social Insurance Law, implemented as follows:
1. Monthly survivorship allowance for each family defined in Clause 2, Article 37 of this Decree by 50% of the minimum wage. A relative who does not have or no longer directly nourish the monthly survivorship allowance equal to 70% of the common minimum salary.
2. Where an employee is defined in Clause 1 of Article 37 of this Decree, the number of relatives who die allowance monthly death no more than four people. 3
. Where there are two employees specified in Clause 1 of Article 37 of this Decree or older that die, their relatives are entitled to twice the monthly death benefits provided for in paragraph 1 of this Article.
4. Family time monthly death benefits is calculated from the month following the month the employee specified in Clause 1 of Article 37 of this Decree died.
Article 39. The survivors' benefits case once the case
The one-time death benefits provided for in Article 66 of the Social Insurance Law, implemented as follows: Employees covered
for in paragraphs 1 and 2 of Article 2 of this Decree in one of the following cases, the death of relatives entitled to survivors' benefits once:
1. The dead are not in one of the cases specified in paragraph 1 of Article 37 of this Decree.
2. Who died in one of the cases specified in paragraph 1 of Article 37 of this Decree, but no relatives or no longer eligible to receive monthly death benefits provided for in paragraph 2 of Article 37 of this Decree.
Article 40. The allowance once
survivorship survivorship allowance once the provisions of Article 67 of the Social Insurance Law, implemented as follows:
1. Once survivorship allowance for relatives of employees are social insurance contributions or who reserve a period of social insurance contribution which died, is based on the number of years of paying social insurance and the average monthly wage of social insurance contributions before death: every year equivalent to 1.5 months of the average monthly wage of social insurance contributions; once survivorship allowance equal to 3-month lowest average monthly wage before his death. The calculation of the average monthly wage of social insurance contributions before death carried out as specified in Article 34 of this Decree.
2. Time social insurance contributions if odd months, the calculation of pension benefits survivors once comply with Clause 4 of Article 31 of this Decree. 3
. Survivorship allowance once for the relatives of the deceased are entitled to a pension which is calculated according to time on pension and retirement pension levels before death, if death in the first two months, the level of support on pension once granted survivorship pensions by 48 months; if they die in the months after that for each additional month, the level of pension benefits pension is reduced by 0.5 months; survivorship allowance once in 3 months minimum retirement pension before death.

Chapter III MANAGEMENT AND USE OF SOCIAL INSURANCE FUND REQUIRED
Article 41. The level of social insurance contributions of employees eligible
Monthly wages, workers shall in Clause 1, Article 2 of this Decree social insurance contributions to retirement and survivorship provisions of Clause 1 of Article 91 of the social insurance Law, implemented as follows:
1. From December 01 2007 to December 2009: 5% of monthly salaries;
2. From December 01 2010 to December 2011: 6% of monthly salaries; 3
. From December 01 2012 to December 2013: 7% of monthly salaries;
4. From January 01 2014: 8% of monthly salaries.
Article 42. The levels and methods of social insurance contributions of the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee
levels and modes of social insurance contributions stipulated in paragraphs 1 and 2 Article 92 of the social Insurance Law, implemented as follows:

1. Every month, the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee closed on the total salary fund as basis for paying social insurance of the employees specified in Clause 1, Article 2 of this Decree, namely: || | a) Close 3% for the sickness and maternity; of which, the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee retain 2% for prompt payment for eligible employees entitled to sickness and maternity provisions of Sections 1 and 2 of Chapter II this Decree, implementing quarterly settlement with social insurance organizations;
B) Close 1% into the fund for labor accidents and occupational diseases;
C) Close to retirement and survivorship as follows:
- From December 01 2007 to December 2009: 11% of monthly salaries;
- From December 01 2010 to December 2011: 12% of monthly salary;
- From December 01 2012 to December 2013: 13% of monthly salary;
- From January 01 2014: 14% of monthly salaries.
2. Every month, the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee closed on the general minimum wage for employees specified in Clause 2, Article 2 of this Decree, namely:
a) Close 1% on fund for labor accidents and occupational diseases;
B) Close to retirement and survivorship as follows:
- From December 01 2007 to December 2009: 16% of salary;
- From December 01 2010 to December 2011: 18% of salary;
- From December 01 2012 to December 2013: 20% of salary;
- From January 01 2014: 22% of salary. 3
. Every month, the Ministry of Defense, Ministry of Public Security and the Government Cipher Commission shall transfer the same time the whole social insurance revenues as stipulated in Article 41 and paragraphs 1 and 2 of this article on Social Insurance Fund Assembly by the Vietnam social Insurance unified management.
Article 43. Wages social insurance premiums monthly wage
social insurance contribution specified in paragraph 2 of Article 92 and paragraph 1 of Article 94 of the Social Insurance Law, implemented as follows: || | 1. For employees specified in Clause 1, Article 2 of this Decree, the insured monthly wage is the wage society under military ranks, rank, ranks, and positions allowances, seniority allowances , seniority allowances (if any) of each person. Salaries are calculated on the basis of the common minimum wage stipulated by the Government in each period.
2. For employees specified in Clause 1, Article 2 of this Decree agencies, units and organizations competent to send seconded to work at the agency or organization outside the military, police, or muscle weakness ordered to work in the business, a joint venture of the military, police, muscle weakness and still be promoted to the rank, salary increase in accordance with the law, the salaries of social insurance contributions shall comply with the provisions in paragraph 1 of this Article. 3
. For employees specified in Clause 2, Article 2 of this Decree, the salaries of social insurance contributions calculated on the minimum wage stipulated by the Government in each period.
Article 44. Use and settlement of social insurance funds
Use social insurance fund provided for in Article 90 and Article 95 of the Social Insurance Law, implemented as follows:
1. Part social insurance fund by Vietnam Social Insurance, and the level of 2% retained under the provisions of paragraph 1 of Article 42 of this Decree is the social insurance organization under the Ministry of Defense, Ministry of Public Security, the Committee Government Information used to pay the social insurance regime under the provisions of Chapter II of this Decree for employees while serving in the army, the police, the weak, including:
a ) Sicknesses;
B) maternity mode;
C) Mode labor accidents and occupational diseases once and monthly;
D) Lump-sum allowance upon retirement and social insurance benefits once;
E) Funeral expenses and one-time death benefits.
2. Part social insurance funds collected from the Ministry of Defense, Ministry of Public Security and the Government Cipher Commission by Vietnam Social Insurance Management, in addition to the transfer to the social insurance organization under the Ministry of Defense, Ministry of Public Security, Government Cipher Committee to use for the content specified in paragraph 1 and b 3 of this Article, also be used to pay for social insurance benefits to employees after retirement served in the military police, cipher and investment to preserve and grow the social insurance fund. 3
. Administration expenses for social insurance in the social insurance organization under the Ministry of Defense, Ministry of Public Security and the Government Cipher Commission, including:
a) Recurrent expenditure of the social insurance organization under the Ministry of defense, Ministry of Public security and the Government Cipher Committee by the Ministry of defense, Ministry of Public security and the Government Cipher Commission secured;
B) Expenditure in support for social insurance activities of the Ministry of Defense, Ministry of Public Security and the Government Cipher Commission by the social insurance fund guarantees, including special regular expenditure and irregular expenditure .
4. Social Insurance Organization of the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee implementing the regime of statistics, accounting, settlement with Vietnam Social Insurance Agency in accordance with current regulations.

Chapter IV PROCEDURES FOR SOCIAL INSURANCE
Article 45. Social insurance books

Employees are granted social insurance books to track the play, enjoy the social insurance system and is the basis for solving social insurance regime for each individual.
Profile Article 46 enjoy the social insurance regime
Profile to enjoy social insurance benefits shall be as follows:
1. Profile sickness entitlement comply with the provisions of Article 112 of the Social Insurance Law.
2. Profile maternity entitlement comply with the provisions of Article 113 of the Social Insurance Law. 3
. Profile entitled to labor accidents and occupational diseases shall comply with the provisions of Article 114 and Article 115 of the Social Insurance Law, as follows:
a) social insurance books;
B) Minutes of the labor accident investigation; cases of traffic accidents are identified as labor accidents, there must be records of traffic accidents cra police office or agency of the military criminal investigation or a report setting environmental measurement elements toxic, records cases identified for many people, each person's profile if the extracts of occupational diseases;
C) discharge certificate of health facilities under the Ministry of Defense, Ministry of Public Security and the weak government or health organizations by the Ministry of Health regulations. Cases of occupational disease without treatment at the hospital, a written examination and occupational diseases;
D) examination record decrease working capacity of the Council of medical expertise;
E) Dispatch of the head of a regiment or unit equivalent or more proposed settlement regime for labor accidents and occupational diseases in the circumstances.
4. Profile convalescence allowance, recuperation follow the provisions of Article 116 of the Social Insurance Law.
5. On pension records comply with the provisions of Article 119 of the Social Insurance Law.
6. Profile social insurance benefits once comply with the provisions of Article 120 of the Social Insurance Law.
7. Profile entitled to survivorship follow the provisions of Article 121 of the Social Insurance Law.
8. Profile on pension, social insurance allowances for those who served their imprisonment without pension or social insurance allowance comply with Clause 1 of Article 127 of the Social Insurance Law.

Chapter V ORGANIZATION OF THE MINISTRY OF SOCIAL INSURANCE DEFENSE, THE POLICE AND THE GOVERNMENT AGENCIES MAJOR
Article 47. Duties implementing social insurance of the Ministry of Defense Ministry of Public security and the Government cipher Committee
Ministry of Defense, Ministry of Public security and Intelligence Committee asked the Government to organize implementation of social security as defined in Article 19 and Article 20 of the social insurance Law, in particular as follows:
1. Construction insurance plan social activities and annual report to the General Director of the Vietnam Social Insurance.
2. Every year, planned revenues and expenditures for social insurance and settlement of revenues and expenditures for social insurance with Vietnam Social Insurance. 3
. Direct collection of social insurance as prescribed for those who participate in the social insurance agencies, units and enterprises under the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee for the Protection and monthly pay Vietnam social insurance; organizational management of the social insurance funds used in the Defense Ministry and Ministry of Public Security and the Government Cipher Commission to ensure full implementation, timely social insurance scheme for employees while working and before the resignation or transfer sector.
4. Social insurance books to laborers working in agencies, units and enterprises under the Ministry of Defense, Ministry of Public Security and the Government Cipher Commission, confirmed and reserved time when social insurance contributions they leave without benefits once the social insurance.
5. Review applications, decision enjoy social insurance benefits and payment of social insurance benefits for employees participating in the social insurance agencies, units and enterprises under the Ministry of Defense, Ministry of Public security and the Government Cipher Committee; introduction of Social Insurance of the provinces and cities to enjoy monthly pensions, allowances for labor accidents and occupational diseases or monthly family allowance monthly death.
6. Timely settlement of complaints and denunciations about social insurance in the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee. Check the implementation of social insurance for individuals and agencies, organizations and businesses in the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee.
7. To exercise the rights and responsibilities as prescribed by law.
Article 48. Social Insurance Organization of the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee
social insurance organizations in the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee Clause 2 of Article 106 of the social Insurance Law, implemented as follows:
1. Minister of Defence, Minister of Public Security, State Intelligence Chief decided to establish social insurance institutions under their management to help ministers, Chief implement the tasks defined in Article 47 this Decree for employees who serve in the military, police and cipher.

2. Social Insurance Organization of the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee under the leadership and management of organizations and officials of the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee; simultaneously, under the direction and guidance of professional Vietnam Social Insurance.
Article 49. Responsibilities of the Vietnam Social Insurance and Social Insurance institution under the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee
1. Vietnam Social Insurance shall:
a) To direct, guide and coordinate with the Social Insurance Department of Defense, the Social Insurance Ministry of Public Security and Social Insurance Government Information Management Committee the implementation of social insurance work in the Ministry of Defense, Ministry of public security and the Government Cipher Committee;
B) From the profits from investment activities from the social insurance fund for Social Insurance Ministry of Defense, the Social Insurance Ministry of Public Security and Social Insurance Government Cipher Commission to implement particular the recurrent expenditure and irregular expenditure on social security in the Ministry of Defense, Ministry of Public security and the Government Cipher Commission specified in Clause 3 of Article 44 of this Decree.
2. Social Insurance Organization of the Ministry of Defense, the Social Insurance Ministry of Public Security and Social Insurance Government Cipher Commission shall:
a) Every month, paid full social insurance revenues for the Protection Vietnam social insurance;
B) Every year, reported the Vietnam Social Insurance on the implementation of social insurance in the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee. Chapter VI


IMPLEMENTING PROVISIONS Article 50. Transitional provisions
1. Those former soldiers, people's security, cipher workers are on pension, occupational accident allowance, monthly occupational diseases; family allowance monthly death of the soldiers, the people's police, workers are paid dead body before 01 May 01 2007; who suspended the social insurance benefits for violating the law before 01 May 01, 2007, will still perform the social insurance regime under the previous regulations and benefit level is adjusted according to the provisions of the Government at each stage. Where people are receiving pensions, allowances for labor accidents and occupational diseases each month before 01 May 01 2007 which killed from 01 January 2007 onwards, the 01 dead were applied when the death allowance the provisions of Section 5 of Chapter II of this Decree.
2. The employee died from December 31, 2006 or earlier, workers who have suffered occupational accidents and occupational diseases that discharged before 01 May 01 2007, but from 01 May 2007 onwards the new 01 settlement or death allowance regime for labor accidents and occupational diseases shall comply with the provisions before 01 January 2007 and 01 be adjusted as specified by the Government. People who suffer from occupational accidents and occupational diseases that the 01 institutes from 01 May 2007 onwards, the settlement regime for labor accidents and occupational diseases as defined in Section 3 of Chapter II of this Decree. 3
. The employee has allowances for labor accidents and occupational diseases once monthly or before 01 May 01 2007, that on 01 May 01, 2007 onwards, if the wound, the old disease recurrence or to be labor accidents and occupational diseases, shall be re-assessment or assessment of their ability to decrease labor in accordance with Article 41 of the social Insurance Law and implemented regime labor accidents and occupational diseases the provisions of Section 3 of Chapter II of this Decree.
4. The employee has reserved time social insurance contributions before 01 May 01 2007, when the settlement of pension or social security benefits once or death allowance from 01 January 01 2007 going to be applied the provisions of Section 4 and Section 5 of Chapter II of this Decree.
5. The employee has 20 years of social insurance contributions or older, who have decided to quit waiting for eligibility for the pension age to enjoy before 01 May 01, 2007, will be entitled to a pension when they reach retirement age as stipulated at the time off work and be adjusted as specified by the Government at the time the pension benefit.
6. Employees pay social insurance premiums under the salary regime prescribed by the State before October 1, 2004, social insurance benefits from 01 January 2007 onwards, the 01 total monthly wage insurance premium Assembly as a basis for calculation of pensions and social insurance allowances once, once survivorship pension is adjusted according to the regulations on salaries and allowances of the Decree No. 204/2004 / ND-CP and Decree No. 205/2004 / ND-CP of December 14, 2004 of the Government, including the ratio of salary and position allowance, seniority allowance, seniority allowances (if any) and how calculation of wages and allowances of social insurance contributions.

7. In determining the conditions of time social insurance contribution for calculating the pension entitlement, the monthly death count a year to 12 months. Where the lack of time the social insurance contribution shall not exceed 6 months, subjects specified in Clause 1, Article 2 of this Decree (for the case of monthly pension benefit) or relative (for the case entitled monthly death benefits) are close to social security once missing for months, with monthly premiums in total premiums of workers and employers to retirement and death, according to the monthly salaries before the holiday or before death.
8. Cipher student allowances technical training, cipher issued by Government Information Management applicable implementing social insurance regime as for non-commissioned officers and soldiers of the army's people, people's security provisions of this Decree.
9. Every year, the state budget transferred from one budget to the social insurance fund required by the Vietnam Social Insurance Management, recommended ensuring adequate pensions and social insurance allowances, medical insurance the subjects specified in paragraphs 1 and 2 of Article 2 of this Decree was on pension, social insurance allowances before 01 months monthly 01 1995.
10. Laborers specified in Clause 1, Article 2 of this Decree is to allow the competent authorities under the regime abroad wife, husband in Vietnam representative offices abroad, may continue social insurance contributions monthly premiums under the provisions of Article 41 and paragraph 1 of article 42 c of this Decree for the regime and survivorship pension, calculated at the current salary before you go, converted under the salary regime by the government defined stages.
11. Laborers specified in paragraphs 1 and 2 of Article 2 of this Decree while on duty that wounded or killed, by the competent authorities confirmed that wounded or beneficiaries of policies for war invalids, or martyrs, in addition to enjoying the preferential policies by the people of the state budget guarantee, the regime has been implementing occupational accident, death allowance specified in Section 3 and Section 5 of Chapter II of this Decree.
12. Social Insurance Organization of the Ministry of Defense, Ministry of Public Security and the Government Cipher Committee responsible implementing social insurance for employees as stipulated in Decree No. 152/2006 / ND-CP while serving services in the Ministry of Defense, Ministry of Public security and the Government Cipher Committee.
13. Social Insurance of the provinces and cities directly under the Central Government are responsible for the implementation of social insurance regime prescribed in Chapter II of this Decree for the cipher workers do not serve in the Ministry of Defense, Ministry of Public security and the Government Cipher Committee.
Article 51. Effect
1. This Decree shall take effect after 15 days from the date of its publication. The regime specified in this Decree shall be implemented from 01 May 01, 2007.

2. This Decree replaces Decree No. 45 / CP of the Government promulgating the Regulations on Social Insurance for officers, professional soldiers, non-commissioned officers and soldiers of the People's Army, People's Police; Decree No. 89/2003 / ND-CP of August 5, 2003 of the Government amending and supplementing a number of articles of the Social Insurance Regulation for officers, professional soldiers, non-commissioned officers, the people's army soldiers, the people's police, issued together with Decree No. 45 / CP of July 15, 1995; Articles 4, 5 and 5, Article 6, Article 12 of Decree No. 04/2001 / ND-CP dated 16 May 01 2001 of the Government detailing the implementation of some articles of the Law Officers Vietnamese People's Army Male 1999 on the regime and policies for demobilized officers in the army, the army officers to switch to professional army or switch to defense officials; Clause 1 of Article 17 points c and f Clause 1, Article 18 of Decree No. 43/2007 / ND-CP of March 26, 2007 of the Government detailing and guiding the implementation of some articles of the Law on People's Police ; Articles 4, 5 and 4, Article 6, Article 12 of Decree No. 102/2004 / ND-CP dated 27 May 02 2004 of the Government detailing the implementation of some articles of the Ordinance on the regime Cipher, policies towards workers retirement cipher, moving sector, retrenchment or move to other jobs within the organization cipher; Clause 1, Article 1, Article 3 of Decision No. 595 / TTg of December 15, 1993 by the Prime Minister on the regime for military and public security personnel who when demobilized; Article 3 of Decision No. 812 / TTg of December 12, 1995 by the Prime Minister on the object additional benefits long-term loss of working capacity; additional allowance for lonely pensioners and workers and employees are retired military personnel transfer industry; content regulations for military and public security personnel who, cipher workers about occupational disease benefits monthly, pension, allowances once and death allowance in points c, d and e, Clause 2, Article 3, paragraph 2, Article 4 of Decision No 265/2003 / QD-TTg of December 16, 2003 by the Prime Minister on the regime applicable to persons exposed to HIV or infected with HIV / AIDS due to occupational accidents.
Article 52. Implementation guidance
Ministry of Defense shall coordinate with the Ministry of Public Security, Ministry of Labour - Invalids and Social Affairs, Government Information Board to guide the implementation of this Decree. Article 53. Responsibility

implementation Ministers, heads of ministerial-level agencies, heads of government agencies, Chairman of People's Committees of provinces and cities under central authority responsible implementation of this Decree. /.