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Law 71/2006/qh11: Social Insurance

Original Language Title: Luật 71/2006/QH11: Bảo hiểm xã hội

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SOCIAL INSURANCE LAW based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
 
This law regulates the social insurance.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This law regulates the regime, social insurance policy; rights and responsibilities of workers, of the agencies, organizations, individuals involved in social insurance; social insurance institutions; the social insurance fund; procedures for implementing the social insurance and state management of social insurance.
2. This law does not apply to health insurance, deposit insurance and other types of entrepreneurial insurance.
Article 2. Application object 1. Employees participate in compulsory social insurance as citizens of Vietnam, including: a) who work under employment contract does not specify the duration, duration of labor contract from enough three months;
b) public servants;
c) defense workers, public safety workers;
d) officers, professional military troops; officers, non-commissioned officers, officers, non-commissioned officer technical expertise of public security of the people; who do the work as paid body for military, public security people;
DD) non-commissioned officers, soldiers, military officers, soldiers and police serving people has a time limit;
e) who work overseas has a time limit that previously compulsory social insurance.
2. The participating employers compulsory social insurance includes State agencies, business units, people's armed units; political organization, social-political organizations, social-political organizations, social organizations career-career, other social organizations; the Agency, foreign organizations, international organizations active on the territory of Vietnam; cooperative enterprises, individual business households, group collaboration, other organizations and individuals have the hiring, use and pay for workers.
3. Workers joined the unemployment insurance is Vietnam citizens working under employment contract or work contract that the contract does not specify the time limit or time limit determined from sufficient twelve months to thirty-six months, with the employer the provisions of paragraph 4 of this Article.
4. The employers insured unemployed labor is user specified in clause 2 of this use from ten or more workers.
5. Participants of voluntary social insurance is the population of working age in Vietnam, not in the provisions in clause 1 of this article.
6. Agencies, organizations, individuals are related to social insurance.
Employees participate in compulsory social insurance, workers joined the unemployment insurance, people who join the voluntary social insurance hereinafter collectively as workers.
Article 3. Explanation of terms In this law, the terms below are interpreted as follows: 1. social insurance is sure to replace or offset a portion of the income of the workers when they suffered a decrease or loss of earnings due to sickness, maternity, accidents, occupational diseases, unemployment, labor or death years on the basis of the social insurance fund.
2. social insurance compulsory social insurance type is that workers and employers who must joined.
3. voluntary social insurance is the kind of social insurance that workers voluntarily participate, be closed and level selection method to close the match with his income to enjoy social insurance.
4. Unemployed who are the unemployment insurance premiums which lost employment or termination of employment contracts, work contract but has not found work.
5. social insurance period is the time from when the workers started the social insurance premiums until the closing stop. Case workers social insurance premiums not constantly then the social premium time is the total time played social insurance.
6. the general minimum wage is the lowest wage announced by the Government in each period.
7. Relatives, spouse, father, mother, wife, father or mother, husband or wife, father, mother-in-law of participants social insurance; others that social insurance participants are responsible to nurture.
Article 4. The social security mode 1. Compulsory social insurance includes the following: mode a) sickness;
b) maternity;
c) accidents, occupational disease;
d) retirement;
DD) Prince of productivity.
2. voluntary social insurance includes the following: mode a) retirement;
b) productivity and Death.
3. unemployment insurance include the following: mode a) unemployment benefits;
b) support apprenticeship;
c) employment support.
Article 5. Social insurance principles 1. The level of social insurance is calculated on the basis of the closed level, time and social insurance premiums are shared between the participants of social insurance.
2. The level of compulsory social insurance, unemployment insurance is calculated on the basis of wages, the wages of workers. The level of voluntary social insurance premiums are calculated on the basis of the income due to the choice of workers but this income level not lower than the minimum wage.
3. fit employees have the time compulsory social insurance premiums have just had social insurance period voluntarily enjoying retirement mode and electronic mode productivity on the basis of time social insurance premiums.
4. the social insurance Funds are managed, democracy, public, transparent, properly used, are independent under accounting component funds of social insurance mandatory, voluntary social insurance and unemployment insurance.
5. The implementation of social insurance are simple, easy, convenient, timely and fully guarantee the rights of people involved in social insurance.
Article 6. The State's policy with regard to social security 1. The State encourages and facilitates to agencies, organizations, individuals involved in social insurance.
2. The State has a policy of priority social insurance fund investment and other necessary measures to preserve, increase the Fund. The social insurance fund was protectorate, not bankrupt.
Pensions, social insurance subsidies, money of lucrative investment from social insurance funds are tax free.
Article 7. Content management on social insurance 1. Building and implementation strategies, mode, social insurance policy.
2. Enact and implement legal texts about social insurance.
3. Advocacy, dissemination, policy regimes, the law on social insurance.
4. Perform statistics, information on social insurance.
5. Organization made social insurance; training, fostering human resources to do the work of social insurance.
6. Inspect, examine the observance of the law on social insurance; complaints, accusations and handle breach of the law on social insurance.
7. International cooperation on social insurance.
Article 8. State administration of social insurance 1. The unified Government in State management of social insurance.
2. The Ministry of labour, invalids and social responsibility before the Government implement state management of social insurance.
3. Ministries, ministerial-level agencies in the scope of its powers, duties performed in State management of social insurance.
4. the people's Committee of the level of implementation of State management on social insurance in the range according to the local government hierarchy.
Article 9. Modernizing social insurance management 1. The State encourages investment in technological development and advanced technical means to ensure the application of the method of the social insurance management.

2. The Government specifies the application of information technology in the management of social insurance.
Article 10. Social insurance inspection 1. The Inspector of labour invalids and social functions of specialized inspection of social insurance.
2. The organisation, tasks, powers of inspection, social security specialist is made according to the provisions of the law on the Ombudsman.
Article 11. The rights and responsibilities of unions 1. Unions have the following rights: a) to protect the rights and legitimate interests of workers participating in social insurance;
b) requires the use of labour, social insurance organizations provided information on social insurance of employees;
c) recommendations with the competent State agencies handled violated the law on social insurance.
2. Trade unions have the following responsibilities: a) advocacy, dissemination, policy regimes, the law on social insurance for workers;
b) petitions, participating in the construction, modification, dietary supplements, policy, social insurance legislation;
c) involved checking, monitoring the enforcement of the law on social insurance.
Article 12. The rights and responsibilities of the employer representative 1. The employer representative has the following rights: a) to protect the rights and legitimate interests of the employers involved social insurance;
b) recommendations with the competent State agencies handled violated the law on social insurance.
2. employer representative has the following responsibilities: a) advocacy, dissemination, policy regimes, the law on social insurance for employers;
b) petitions, participating in the construction, modification, dietary supplements, policy, social insurance legislation;
c) involved checking, monitoring the enforcement of the law on social insurance.
Article 13. Audit report-mode 1. Every year the Government report to Congress on the management and use of the social insurance fund.
2. Periodically for three years, State Auditors to audit the implementation of the social insurance fund and report the results to Parliament. In case of need, at the request of Congress, the Standing Committee of the National Assembly or the Government, the social insurance fund was unscheduled audits.
Article 14. The prohibited acts 1. Do not close the social insurance under the provisions of this law.
2. Fraud, fake profile in implementing the social insurance.
3. use of the social insurance fund misuse.
4. Troubling, obstacles, do damage to the legitimate rights and interests of the workers, the employers.
5. The report untrue, false information, provide data on social insurance.
Chapter II rights, RESPONSIBILITIES of the EMPLOYEES, the EMPLOYERS, SOCIAL INSURANCE ORGANISATIONS article 15. Rights of workers-workers have the following rights: 1. To be granted social security book;
2. get social security when the Windows no longer work;
3. Receive pensions and social insurance subsidies full, timely;
4. medical insurance in the following cases: a) Are entitled to a pension;
b) the workers ' compensation benefits, occupational diseases, constant;
c) Are entitled to unemployment benefit;
5. Authorize others to receive pensions, social insurance subsidies;
6. Ask the employer to provide the information specified in point h paragraph 1 Article 18; ask the social insurance organizations provide the information prescribed in clause 11 of this law, article 20;
7. Complaints, accusations of social insurance;
8. Other rights prescribed by law.
Article 16. The responsibility of workers 1. Workers have the following responsibilities: a) social insurance under the provisions of this law;
b) make provisions on the establishment of social insurance;
c) preserving the shared social insurance as prescribed;
d) other duties as prescribed by law.
2. In addition to the implementation of the provisions of paragraph 1 of this article, participating workers unemployment insurance also has the following responsibilities: a) the unemployment registration with social insurance institutions;
b) monthly announcement with social insurance institutions on finding a job during unemployment allowance;
c) Getting a job or participate in vocational courses is suitable when the social insurance organization introduction.
Article 17. Rights of employers Who use labor has the following rights: 1. Deny improper requests made to the provisions of the law on social insurance;
2. Complaints, accusations of social insurance;
3. Other rights prescribed by law.
Article 18. The liability of the employer 1. The employers have the following responsibilities: a) the social insurance premiums as defined in article 92 and monthly deductions from wages, the wages of workers as stipulated in clause 1 91 of this Law Thing to close at once into the social insurance fund;
b) preservation of the shared social insurance of workers in labor time working;
c) Charged the shared social insurance for workers when that person no longer works;
d) establishment to workers granted Windows, close and social insurance;
DD) Pay social insurance allowances for workers;
e) introduce laborers to the Executive level of the labour potential in the medical examiners Board as stipulated in art. 41, 51 Things and point b paragraph 1 Article 55 of this law;
g) provides documentation, relevant information at the request of the competent State agencies;
h) provides information on the social insurance of workers as employees or union organizations required;
I) other duties as prescribed by law.
2. In addition to the implementation of the provisions of paragraph 1 of this article, constant, the employers participate in the unemployment insurance unemployment insurance premiums as defined in Article 2, paragraph 102 and excerpts from wages, the wages of workers as stipulated in paragraph 1 of this Law 102 Things to close at once into the unemployment insurance fund.
Article 19. The Organization's rights to social insurance, social security institutions have the following rights: 1. the personnel management, organization and financial assets in accordance with the law;
2. Refuse the request to pay the social insurance is not properly regulated;
3. Complain about social insurance;
4. check the social insurance premiums and pay social insurance regimes;
5. Recommendations to the competent State agencies of construction, modification, dietary supplements, policies and legislation on social insurance and social insurance fund management;
6. Recommendations to the competent State agencies handled violated the law on social insurance;
7. Other rights prescribed by law.
Article 20. The liability of the Organization for social insurance, social security institutions have the following responsibilities: 1. Advocacy, dissemination, policy regimes, the law on social insurance; Guide to procedures for implementing the social insurance regime for the workers, the employers subject to join social insurance;
2. Perform the collection of social insurance under the provisions of this law;
3. Receiving records, resolve the social security regime; do pay pensions, social insurance subsidies full, convenient and on time;
4. level of social insurance to each book of the worker;
5. Management, use of the social insurance funds according to provisions of the law;
6. Implement measures to preserve and increase the social insurance fund;
7. oversee the Organization of statistics, accounting, professional guide about social insurance;
8. Introduce laborers to the Executive level of the labour potential in the medical examiners Board under the provisions of paragraph 1 and paragraph 2, point b Article 41 of this law;

9. the application of information technology in the management of social insurance; Archives-profile of participants social insurance as prescribed by law;
10. Periodically six months, reports the Council of social security management on the implementation of social insurance. Every year, Government reports and State Administration about the situation in the management and use of the social insurance fund;
11. Provide adequate and timely information on the plays, entitled mode, the procedure made social insurance when workers or unions required;
12. Provide documentation, relevant information at the request of the competent State agencies;
13. the timely resolution of complaints, the report on the implementation of social insurance;
14. Implementation of the international cooperation on social insurance;
15. Other responsibilities prescribed by law.
Chapter III COMPULSORY SOCIAL INSURANCE category 1 AILING REGIME of article 21. The object to apply the ailing regime applicable object ailing mode is prescriptions workers at points a, b, c and d of paragraph 1 of article 2 of this law.
Article 22. Eligibility ailing mode 1. Suffering from sickness, accident risks must leave and certified by the medical establishment.
The case of sickness, accidents are the holiday due to self destroy health, due to drunk or using drugs, other drugs, does not enjoy the ailing regime.
2. Have children under age seven suffering from sickness, must leave to take care of and certified by the medical establishment.
Article 23. Enjoy the time ailing mode 1. The maximum time to enjoy his ailing regime in a year for employees defined in point a, b and c of paragraph 1 of article 2 of this law by working days except holidays, new year holidays, working days and are specified as follows: a) work in normal conditions then enjoy thirty days if the social insurance premiums were under fifteen years; forty days if played from fifteen years enough to under thirty years; sixty days if played from thirty years enough;
b) profession or heavy-duty, toxic, danger list due to the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued or regular work where there is allowance area coefficient from 0.7 and above shall enjoy forty days if social insurance premiums were under fifteen years; fifty days if played from fifteen years enough to under thirty years; seventy days if played from enough thirty years or more.
2. the affected workers in the list of diseases that need treatment on long due to the Ministry of Health issued shall be entitled to sickness as follows: mode a) must not exceed one hundred and eighty days in a year including holidays, new year holidays, working days;
b) expiry of one hundred eighty days that continued treatment is entitled to followed ailing regime with a lower level.
3. time enjoy the ailing regime for employees specified in point d of paragraph 1 of article 2 of this law depends on the duration of treatment in medical establishments in the people's army and public security of the people.
Article 24. Enjoy time mode when the sickness 1. Enjoy time mode when the sick in a year is calculated according to the number of days of child care to a maximum of twenty working days if the child under three years of age; a maximum of fifteen days if the child from the age of three to seven years under enough.
2. in case of both father and mother to join the social insurance, if a person has expiry enjoy modes that the illness still others enjoy the regime prescribed in paragraph 1 of this article.
Article 25. The level of enjoyment of ailing mode 1. Workers enjoyed sickness mode as specified in paragraph 1, point a of paragraph 2 Article 23 and article 24 of this law shall enjoy level by 75% of the salary, wages, social insurance premiums of adjacent before the holiday.
2. Workers are entitled to followed ailing mode specified in point b of paragraph 2 Article 23 of this law shall enjoy levels are specified as follows: a) By 65% of the salary, wages, social insurance premiums of adjacent before the holiday if it has social insurance premiums from thirty years enough;
b) by 55% of salary, wages, social insurance premiums of adjacent before the holiday if it has social insurance premiums from fifteen years enough to under thirty years;
c) By 45% of salary, wages, social insurance premiums of adjacent before the holiday if the social insurance premiums were under fifteen years.
3. Workers enjoyed sickness mode as specified in paragraph 3 Article 23 of this law shall enjoy level by 100% of salary for social insurance of the adjacent before the holiday month.
4. The level of enjoyment of ailing computer mode as specified in paragraph 2 of this Article if it is lower than the minimum wage is calculated by the general minimum wage.
Article 26. Strength, recuperation after sickness 1. Workers after their ailing regime enjoyed under the provisions of article 23 of this law which is still health relaxation, recuperation from five days to ten days in a year.
2. on a Level equal to 25% of the minimum wage, if generic, convalescence recuperation at home; by 40% of the general minimum wage if relaxation, recuperation at the base concentration.
Section 2 article 27 MATERNITY. The object to apply maternity objects apply maternity is prescribed workers at points a, b, c and d of paragraph 1 of article 2 of this law.
Article 28. Eligibility maternity mode 1. Workers are entitled to maternity mode when in one of the following cases: a labor of pregnant women);
b) women bear children;
c) employees receive adoption under four months of age;
d) workers put the IUD, sterilization measures implementation.
2. The employee specified in point b and point c of paragraph 1 of this article to social insurance premiums from enough six months or more during the twelve months prior to childbirth or adoption.
Article 29. Enjoy time mode when ups during pregnancy, women are the holiday to visit pregnant five times, each time a day; the case far from health facilities or pregnant patients or pregnant do not normally be vacation two days per visit.
Vacation time getting maternity provisions in this by working days except holidays, new year holidays, working days.
Article 30. Enjoy time mode when a miscarriage, an abortion or stillbirths, miscarriages, While curettage,-thai or stillbirths, the female workers are entitled to maternity leave of ten days if the pregnancy under a month; twenty days if pregnant from one month to three months; forty days if the pregnancy from three months to six months; fifty days if pregnant from six months upwards.
Vacation time getting maternity provisions this includes holidays, new year holidays, working days.
Article 31. Time entitled childbirth mode 1. Women's born child labour are entitled to maternity leave according to the following rules: a) four months, if the profession or job in the regular labour conditions;
b) five months, if the profession or heavy-duty, toxic, danger list due to the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued; work in three modes; working regularly in regional allowance where the coefficient from 0.7 up to either male of female military personnel, of public security of the people;
c) Six months for female labour is handicapped as defined by law on disabled persons;
d) case of twins or more, beyond the time prescribed in points a, b and c of this paragraph, the computer from the second child onwards, every child is resting add thirty days.

2. in case of after childbirth, if children under the age of sixty days die off the mother ninety days from the date of birth; If your child is from sixty days and older die mother was the thirty days from the date of the death, but the time off work to enjoy maternity does not exceed the time prescribed in clause 1 of this article; This time does not count on the own vacation time under the provisions of the labour legislation.
3. where only the father or the mother to join the social insurance or both father and mother are both involved in social insurance which the mother dies after childbirth, the father or the person who directly nurtured enjoying maternity mode until the full four months of age.
4. time to enjoy maternity provisions in paragraphs 1, 2 and 3 of this article including holidays, new year holidays, working days.
Article 32. Enjoy time mode when receiving adoption workers receive adoption under four months of age shall be entitled to maternity leave until the child enough four months of age.
Article 33. Enjoy time mode when performing the contraceptive measure 1. When put the IUD workers are the seven days.
2. When implementing measures for sterilization workers were the fifteen days.
3. Time off work to enjoy maternity provisions in item 1 and item 2 This includes holidays, new year holidays, working days.
Article 34. Support per childbirth or adopter or student workers workers get adoption under four months old, was once subsidies by two months the general minimum wage for each child.
Case only the father join the social insurance which her mother died childbirth, the father once subsidized by two months the general minimum wage for each child.
Article 35. Enjoy maternity mode level 1. Workers enjoyed maternity mode as specified in articles 29, 30, 31, 32 and 33 of this law shall enjoy level by 100% of the average salary, wages, social insurance premiums of adjacent six months prior to the holiday.
2. Time off work to enjoy maternity is calculated as the time of social insurance premiums. This time the workers and the employers do not pay social insurance.
Article 36. Female workers go to work before the expiry of the holiday delivery 1. Women can go to work before the expiry of the holiday delivery prescribed in clause 1 or clause 2 article 31 of this law when the following conditions: a) after childbirth from enough of sixty days or more;
b) certified by the medical establishment about early not to be harmful to the health of workers;
c) To notice and get the employers to agree. 2. In addition to wages, the wages of the working day, female workers go to work before the expiry of the holiday babies still enjoy maternity mode until the expiry of the provisions in clause 1 or clause 2 article 31 of this law.
Article 37. Strength, recuperation after pregnancy 1. Female laborers after their entitled maternity mode as specified in article 30, paragraph 1 or paragraph 2 of article 31 of this Law which is still health relaxation, recuperation from five days to ten days in a year.
2. on a Level equal to 25% of the minimum wage, if generic, convalescence recuperation at home; by 40% of the general minimum wage if relaxation, recuperation at the base concentration.
Category 3 WORKERS ' COMPENSATION REGIMES, OCCUPATIONAL DISEASES Article 38. The object to apply the mode of labor accidents, occupational diseases object to apply the mode industrial accident, occupational diseases is regulated workers at points a, b, c, d and paragraph 1 of article 2 of this law.
Article 39. Eligibility workers ' compensation regime workers be entitled to workers ' compensation mode when the following conditions: 1. Accident in one of the following cases: a) At the workplace and during working hours;
b) Outside work or outside work hours when performing the work required by the employer;
c) on route to or from the place in to work in the period of time and reasonable route;
2. Deterioration of labour from 5% crashes caused by the provisions in clause 1 of this article.
Article 40. Eligibility of occupational disease mode workers enjoy occupational disease mode when the following conditions: 1. Sick list occupational disease by the Health Ministry and the Ministry of labor, invalids and Social Affairs issued when the work environment or in the profession have toxic elements;
2. Deterioration of labour from 5% or more due to illness the provisions in clause 1 of this article.
Article 41. Assess the level of deterioration of labour 1. Workers labor accident, occupational disease or assessment is the assessment back to the level when labour potential in one of the following cases: a) after injury, illness has been treated;
b) after injury, disease recurrence has been stable treatment.
2. Employees are the aggregate assessment level of deterioration of labor when in one of the following cases: a labor accident) has just recently been occupational disease;
b) labor accident many times;
c) Were many occupational diseases.
Article 42. Once subsidies 1. Impaired workers labor ability from 5% to 30%, then support.
2. once the allowance shall be as follows: a) a 5% decline likely labour enjoyed five months general minimum wage, then just add 1% decline then enjoy an additional 0.5, the general minimum wage;
b) outside the allowance specified in point a of this paragraph, also enjoyed more pension calculated according to the number of years that have social insurance premiums from a year back down then in 0.5 minutes, then just add each year to social insurance is an additional 0.3 month salaries, wages, social insurance premiums of adjacent before leave for treatment.
43 things. Monthly allowance 1. Impaired workers labor ability from 31% over the monthly support.
2. monthly allowance is provided as follows: a) 31% decline likely labour enjoyed by 30% of the general minimum wage, then just add 1% decline then enjoy an additional 2% of the general minimum wage;
b) outside the allowance specified in point a of this paragraph, the monthly also enjoy adding a grant calculated according to the number of years that have social insurance, from a down year is calculated by 0.5%, then just add each year to social insurance is an additional 0.3% of salary, wages, social insurance premiums of adjacent before leave for treatment.
Article 44. The time allowance 1. The time allowance specified in articles 42, 43 and 46 of this law shall be calculated from the employee treatment is complete, discharge.
2. in case of injury or disease recurrence, workers are going back to the price level assessment potential labour time of the new allowance is calculated from the month concluded Council of medical examiners.
Article 45. Grant aid activities, orthotic workers labor accident, occupational disease that hurt the functioning of the body shall be given the means of assistance activities, orthotic according to annual limits on injury, illness.
Article 46. Service support workers decreased the ability of labor from 81% over that paralyzed the spine or two blind eyes or amputated, list the genera or mentally ill, then in addition to the level of enjoyment of the provisions of article 43 of this law, the cosmological constant, also support service by the general minimum wage.

Article 47. The subsidy once when dead labor accidents, occupational disease the employee working die due to accidents, occupational diseases or die during the first treatment due to labor accidents, occupational disease, the relatives support once by thirty-six months of the general minimum wage.
Article 48. Strength, recuperation after injury treatment, disease 1. Employees after stability treatment injury due to accidents or illness caused by occupational disease that is still health health convalescence recuperation from five days to ten days.
2. on a Level equal to 25% of the minimum wage, if generic, convalescence recuperation at home; by 40% of the general minimum wage if relaxation, recuperation at the base concentration.
RETIREMENT MODE section 4 Article 49. The object to apply the applicable object retirement pension regime is the employees specified in paragraph 1 of article 2 of this law.
Article 50. Pension eligibility 1. Workers defined in points a, b, c and e of paragraph 1 of article 2 of this law has enough twenty years social insurance premiums go up to enjoy pensions when in one of the following cases: a) sixty years old, enough Male female age fifty;
b) South from fifty-five year old enough to age sixty women, enough from fifty years enough to enough fifty five years and fifteen years do enough or heavy-duty, toxic, danger list due to the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued or has enough work in fifteen years where the allowance area coefficient of 0.7 or above. Life enjoy pensions in some other special cases due to government regulations.
2. The employee specified in point d of paragraph 1 of article 2 of this law has enough twenty years social insurance premiums go up to enjoy pensions when in one of the following cases: a) Male aged fifty-five, enough women enough fifty years, except where the law officers of the Vietnam people's army or the people's Police Law contains other provisions;
b) South from fifty years enough to enough fifty five years, women from the age of forty-five enough to enough fifty years and fifteen years do enough or heavy-duty, toxic, danger list due to the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued or has enough work in fifteen years where the allowance area coefficient of 0.7 or above.
Article 51. Eligibility of pensions when labour potential workers defined in points a, b, c, d and e of paragraph 1 of article 2 of this law has played enough social security twenty years older, impaired the ability of labor from 61% over, enjoy a pension with a low level than eligible pension specified in article 50 of this law When in one of the following cases: 1. Male and female age fifty enough forty five years of age;
2. Have enough upward fifteen years worked as special work or heavy, toxic, danger list due to the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued.
Article 52. The level of monthly pension 1. The level of monthly pensions of workers eligible for the provisions of article 50 of this law are calculated by 45% of the average salary, wages, social insurance premiums specified in article 58, 59 or 60 of this Law Thing corresponding to the fifteen-year social insurance , then just add each year to social insurance, the additional 2% for males and 3% for females; maximum level by 75%.
2. The level of monthly pensions of workers eligible for the provisions of article 51 of this law shall be calculated as specified in paragraph 1 of this article, then for every year before the age of retirement, reduction of 1%.
3. the lowest level of monthly pension by the general minimum wage.
Article 53. Adjust pensions pensions are adjusted on the basis of the increase of price index of living and economic growth. The level of specific adjustments due to government regulations.
Article 54. The subsidy once retirement 1. Employees have social insurance premiums on thirty years for men, over twenty-five years for females, retirement, in addition to pensions also support.
2. once the allowance is calculated according to the number of years social insurance premiums since the thirty-second year onwards for men and twenty year six onwards for females. Every year the social insurance premiums shall be calculated as 0.5, the average rate of salary, wages, social insurance premiums.
Article 55. Once social insurance for persons not eligible entitled to pensions 1. Workers defined in points a, b, c and e of paragraph 1 of article 2 of this law are entitled to social insurance once when in one of the following cases: a) old enough to enjoy a pension under the provisions of paragraph 1 of article 50 of this Law that are not yet enough twenty years social insurance premiums;
b) labor ability decline from 61 percent over that twenty years was not enough social insurance premiums;
c) after a year of employment if not further social insurance premiums and have asked to receive social insurance once that not enough twenty years social insurance premiums;
d) outward to the settlement.
2. The employee specified in point d and point VND account 1 article 2 of this law are entitled to social insurance once when serving, discharge, retrenchment which do not qualify for a pension.
Article 56. Social insurance level once the level of social insurance are calculated according to the number of years that have social insurance premiums, for every year in 1.5 months of the average salary, wages, social insurance premiums.
Article 57. Reserve the time social insurance premiums when the workers that have yet to qualify for a pension under the provisions of Articles 50 and 51 or Article not yet entitled to social insurance once as prescribed in article 55 and article 56 of this law shall be reserved time social insurance premiums.
Article 58. The average rate of salary, wages, social insurance premiums for the calculation of pensions, subsidies once for workers participating in social insurance before 1 January 1995 1. Workers subject to make salary mode due to State regulation has a full time social insurance premiums according to this salary mode then the average salary calculation, social insurance premiums in the last year before retirement.
2. Workers have closed the whole time social insurance according to the mode of salary due to the employers decided to then calculate the average salary, wages, social insurance premiums of all time.
3. fit employees have social insurance period subject to make salary mode due to State regulation, has just had the time of social insurance premiums according to the mode of salary due to the employers decided to then calculate the average salary, wages, social insurance premiums of the time; in that time played under salary mode due to State regulation, the calculation of the average salary, social insurance as defined in paragraph 1 of this article.
Article 59. The average rate of salary, wages, social insurance premiums for the calculation of pensions, subsidies once for workers participating in social insurance from 1 January 1995 to before the social insurance Legislation in force 1. Workers subject to make salary mode due to State regulation has a full time social insurance premiums according to this salary mode then the average salary calculation, of the social insurance number of years before retirement as follows:

a) involved social insurance during the period from 1 January 1995 to 31 December 2000, the calculation of average salary, social insurance premiums of the last six years before retirement;
b.) engagement social insurance in the period from January 1, 2001 to December 31, 2006, the computer of average salary, social insurance premiums of the last eight years before retiring.
2. Workers have closed the whole time social insurance according to the mode of salary due to the employers decided to then calculate the average salary, wages, social insurance premiums of all time.
3. fit employees have social insurance period subject to make salary mode due to State regulation, has just had the time of social insurance premiums according to the mode of salary due to the employers decided to then calculate the average salary, wages, social insurance premiums of the time; in that time played under salary mode due to State regulation, the calculation of the average salary, social insurance as defined in paragraph 1 of this article.
Article 60. The average rate of salary, wages, social insurance premiums for the calculation of pensions, subsidies once for workers participating in social insurance from social insurance law in force 1. Workers subject to make salary mode due to State regulation has a full time social insurance premiums according to this salary mode then the average salary calculation, the social insurance of the last ten years before retirement.
2. Workers have closed the whole time social insurance according to the mode of salary due to the employers decided to then calculate the average salary, wages, social insurance premiums of all time.
3. fit employees have social insurance period subject to make salary mode due to State regulation, has just had the time of social insurance premiums according to the mode of salary due to the employers decided to then calculate the average salary, wages, social insurance premiums of the time; in that time played under salary mode due to State regulation, the calculation of the average salary, social insurance as defined in paragraph 1 of this article.
Article 61. To adjust salaries, remuneration and social security closed 1. Wages and social insurance have to do the calculation base the average salary, social insurance premiums for the employees clause 1 Article 94 of this law are adjusted according to the general minimum wage at the time entitled retirement mode.
2. Salaries, wages, social security has closed to make the average calculation bases salaries, wages, social insurance premiums for the employees clause 2 Article 94 of this law are adjusted on the basis of living price index of each period as specified by the Government.
Article 62. Pause to enjoy pensions, grants monthly social security employees are entitled to pensions, social insurance allowances monthly pension paid paused, grants monthly social insurance when in one of the following cases: 1. the penalty of prison but was not entitled to probation;
2. unauthorized exit;
3. Was the Court declared as missing.
ELECTRONIC DOG MODE section 5 Article 63. Funeral allowance 1. The following object when death men buried support buried: a) the employees specified in paragraph 1 of article 2 of this law are social insurance premiums;
b) employees are reserve the time social insurance premiums;
c) who are entitled to pensions; workers ' compensation benefits, occupational diseases has monthly.
2. funeral allowance equal to ten, the general minimum wage.
3. in case the object prescribed in clause 1 of this Court declared dead, then the relatives support the provisions in paragraph 2 of this Article.
Article 64. The case of productivity and monthly allowance 1. The object prescribed in clause 1 Article 63 of this law in one of the following cases when died, the relatives are entitled to monthly productivity and money: a) Has enough social insurance 15 years or over but not yet entitled to social insurance;
b) Are entitled to a pension;
c) Death due to accidents, occupational disease;
d) voucher labor accidents, occupational diseases, with the constant deterioration of labor from 61% or over.
2. the relatives of the objects specified in paragraph 1 of this article are productivity and monthly allowance, include: a) The incomplete fifteen years; the eighteen year old enough if still in school; children from fifteen years enough if impaired ability to labor, from 81%;
b) Wife from fifty five years old enough or the husband from enough of sixty years; his wife under fifty-five years old, her husband under sixty years if impaired ability to labor, from 81%;
c) the father, mother, father, wife or husband, father, mother or mother-in-law, others that this object is responsible for nurturing if from sixty years old enough for men, from fifty-five full years for females;
d) the father, mother, father, wife or husband, father, mother or mother-in-law, others that this object is responsible for nurturing if under age sixty for men, under the age of fifty-five for women and impaired the ability of labor from 81% or over.
Relatives specified in points b, c and d of this paragraph are not income or monthly income but lower than the general minimum wage.
Article 65. Dog monthly allowance 1. Dog monthly allowance for each 50% of the general minimum wage; the case had no relatives who directly cultivates the productivity and monthly allowance by 70% of the minimum wage.
2. where there is a dead subject to the provisions in clause 1 of this Law, the number of 64 Things relative productivity and constant support, not more than four persons; the case of two people die and over, relatives of those who are entitled to twice the levels of subsidy provided for in paragraph 1 of this article.
3. time to productivity and monthly allowance was made since March following January adjoining that workers, who enjoy pensions, workers ' compensation assistance, occupational disease dies.
Article 66. The cases support productivity once the objects prescribed in clause 1 Article 63 of this law in one of the following cases when the death relatives support productivity once: 1. The dead don't belong in the case prescribed in clause 1 Article 64 of this law;
2. People died in one of the cases specified in clause 1 Article 64 but no relatives enjoy monthly productivity money prescribed in clause 2 Article 64 of this law.
Article 67. Productivity allowance per 1. Once productivity allowance for relatives of the workers who are working or who labor are reserved time social insurance premiums are calculated according to the number of years that have social insurance premiums, for every year in 1.5 months of the average salary, wages, social insurance premiums; the lowest level in three months the average wages, the wages of the month.
2. productivity and subsidy Level once for the relatives of the person who is entitled to a pension calculated at the time of death was entitled to a pension, if killed in the first two months affected the pension calculated by forty-eight month pensions are entitled; If the death, then, just enjoy more a month in pensions, the pension level decreased by 0.5, pensions, the lowest level in three months the pension are entitled.

Article 68. Computer enjoying retirement mode and electronic productivity mode for the time voluntary social insurance premiums, and then close the compulsory social insurance 1. The laborers voluntary social insurance premiums, and then close the compulsory social insurance the time voluntary social insurance premiums plus the time compulsory social insurance premiums to enjoy retirement mode and calculation mode of dog deaths.
2. Calculation of the average salary, wages, or the average income level, social insurance premiums for the employees specified in paragraph 1 of this article due to government regulations.
Chapter IV the VOLUNTARY SOCIAL INSURANCE section 1 RETIREMENT MODE Article 69. The object to apply the retirement mode voluntary social insurance applicable to the employees specified in paragraph 5 of article 2 of this law.
Article 70. Pension eligibility 1. Employees enjoy pensions when there is enough of the following conditions: a) sixty years old, enough Male female age fifty;
b) Enough twenty years social insurance premiums go up.
2. in case of male and female age sixty enough fifty five years but time missing social insurance premiums not to exceed five years than those specified in point b of paragraph 1 of this article shall be close enough until the next twenty years.
Article 71. The level of monthly pension 1. The level of monthly pensions are calculated by 45% of the average income level, social insurance premiums specified in article 76 of this law corresponds to the fifteen-year social insurance, then just add each year to social insurance premiums shall be calculated 2% for males and 3% for females; maximum level by 75%.
2. The pension adjustment be made as prescribed in article 53 of this Law Article 72. The subsidy once retirement 1. Employees have social insurance premiums on thirty years for men, over twenty-five years for females, retirement, in addition to pensions also support.
2. once the allowance is calculated according to the number of years social insurance premiums since the thirty-second year onwards for men and twenty year six onwards for females. Every year the social insurance premiums shall be calculated as 0.5, the average rate of income, social insurance premiums.
Article 73. Once social insurance for persons not eligible entitled to monthly pensions of workers enjoy social insurance once when in one of the following cases: 1. Male and female age sixty enough fifty five years old but not yet enough twenty years social insurance premiums , except as prescribed in clause 70 of this Law Article 2;
2. Do not continue social insurance premiums and have asked to receive social insurance once that not enough twenty years social insurance premiums;
3. To settlement.
Article 74. Social insurance level once the level of social insurance are calculated according to the number of years that have social insurance premiums, for every year by 1.5, the average rate of income, social insurance premiums.
Article 75. Reserve the time social insurance premiums workers stop voluntary social insurance premiums that have yet to qualify for a pension under the provisions of article 70 or have not received a one-time social insurance according to the provisions of article 73 and article 74 of this law shall be reserved time social insurance premiums.
Article 76. The average level of income, social insurance premiums 1. The average level of income, social insurance premiums is calculated by the average income level, social insurance premiums of all time.
2. Income, have social insurance premiums to make the average calculation bases, the premium income of social workers to be adjusted on the basis of living price index of each period as specified by the Government.
Item 2 Article 77 DOG DEATH MODE. Funeral allowance 1. The following object when death men buried support buried: a) the employee has at least five years of social insurance premiums;
b) who are entitled to pensions.
2. funeral allowance equal to ten, the general minimum wage.
3. in case the object prescribed in clause 1 of this Court declared dead, then the relatives support the provisions in paragraph 2 of this Article.
Article 78. Productivity and support 1. Employees are social insurance premiums, employees are reserve the social insurance period, people are entitled to a pension upon death, the relatives support productivity.
2. productivity and subsidy Level once for the worker's relatives are close or employees are reserve the time social insurance premiums are calculated according to the number of years that have social insurance premiums, for every year by 1.5, the average rate of income, social insurance premiums.
3. productivity allowance once for the relatives of the person who is entitled to a pension calculated at the time of death was entitled to a pension, if killed in the first two months affected the pension calculated by forty-eight month pensions are entitled; If the death, then, just enjoy more a month in pensions, the pension level decreased by 0.5, pensions.
Article 79. Computer enjoying retirement mode and electronic productivity mode for the time compulsory social insurance premiums, and then close the voluntary social insurance 1. Employees compulsory social insurance premiums, and then close the voluntary social insurance, the period of compulsory social insurance premiums be plus time stationed voluntary social insurance to do the base computer enjoy retirement mode and electronic dog mode.
2. Calculation of the average salary, wages, or the average income level, social insurance premiums for the employees specified in paragraph 1 of this article due to government regulations.
Chapter V UNEMPLOYMENT INSURANCE Article 80. The object to apply the unemployment insurance unemployment insurance applied mandatory for employees specified in paragraph 3 and the employer specified in paragraph 4 of article 2 of this law.
Article 81. Eligibility for unemployment insurance unemployed are entitled to unemployment insurance when there's enough of the following conditions: 1. the unemployment insurance premiums Were enough twelve months or older during the time of twenty-four months before unemployment;
2. Registered unemployed with social insurance institutions;
3. Not find employment after fifteen days from the date of registration of the unemployed as defined in paragraph 2 of this Article.
Article 82. Unemployment 1. Monthly unemployment rates by 60% of the average salary, wages, unemployment insurance premiums of adjacent six months before unemployment.
2. the unemployment allowance period specified as follows: a) three months, if there are enough words to under twelve months of thirty six months unemployment insurance premiums;
b) six months, if there are enough from thirty-six months to under seventy-two months of unemployment insurance premiums;
c) nine months, if there are from seventy-two months enough to under a hundred and forty four months unemployment insurance premiums;
d) twelve months, if there are enough from a hundred and forty four months unemployment insurance premiums go up.
Article 83. Support apprentices who are entitled to unemployment assistance to the time not exceeding six months. The support level by varying the cost of short-term apprenticeships under the provisions of the law on vocational education.
Article 84. Employment assistance who are entitled to unemployment benefits advice, free job referral.
Article 85. Medical insurance 1. People are entitled to unemployment benefit are entitled to health insurance regime.
2. The organization of social insurance medical insurance premiums for people who are entitled to unemployment benefits.
Article 86. Pause to enjoy unemployment

People are entitled to unemployment benefits be paused to enjoy unemployment benefits when in one of the following cases: 1. Do not perform specified in point b of paragraph 2 of article 16 of this Law;
2. Been detention.
Article 87. The termination of unemployment benefits 1. People are entitled to unemployment benefits be terminated unemployment allowance in the following cases: a) the expiry of unemployment allowance;
b) have jobs;
c) performed military service;
d) Enjoy pension;
DD) After twice rejecting get employment due to social insurance organizations introduced without reason;
e) do not perform specified in point b of paragraph 2 of article 16 of this Law in the three consecutive months;
g) abroad for settlement;
h) decided to apply executive measures for administrative processing at the Liberal school, institutions, the basis of healing or penalty of jail but are not entitled to probation;
I) died.
2. The case of the termination of unemployment allowance provided for in point b and point c of paragraph 1 of this article shall be entitled to a grant by the remaining value of unemployment specified in article 82 of this law.
3. After the termination of unemployment allowance provided for in paragraph 1 of this article the closed time of the previous unemployment insurance are not entitled to unemployment benefits.
Chapter VI SOCIAL INSURANCE FUND section 1 COMPULSORY SOCIAL INSURANCE FUND Article 88. Sources of formation of the Fund 1. The employers played as prescribed in Article 92 of this law.
2. close the workers according to the provisions of article 91 of this law.
3. Amount of lucrative investment from the Fund.
4. support of the State.
5. other sources of legitimate income.
Article 89. The constituent fund 1. Maternity and sickness funds.
2. workers ' Compensation Fund, occupational diseases.
3. Retirement and productivity.
Article 90. Use of funds 1. Pay the social insurance regime for workers under the provisions of chapter III of this law.
2. the medical insurance premiums for people who are entitled to pensions or the workers ' compensation benefits, occupational diseases.
3. Management costs.
4. The genus rewarded according to the provisions in paragraph 2 of this Law 133.
5. Invest to preserve and increase the Fund as defined in article 96 and article 97 of this law.
Article 91. The level of closing and closed method of workers 1. Monthly, workers defined in points a, b, c and d of paragraph 1 of article 2 of this law closes in 5% of the salary, wages and retirement funds into productivity; from 2010 onwards, every two years additional 1% until reaching the closed level is 8%.
2. Workers entitled to wages, the wages of production cycle, in business enterprises in agriculture, forestry, fisheries, industry, then matches the level of monthly social insurance as defined in paragraph 1 of this article; the close method is done monthly, or every six months.
3. close and closed method of workers provided for in point e of article 2 paragraph 1 of this Law due to government regulations.
Article 92. The level of the close method closed and employers 1. Monthly, employers who close on fund salaries, remuneration and social insurance of employees specified in points a, b, c and d of paragraph 1 of article 2 of this law are as follows: a) 3% on maternity and sickness fund; in which the employers retained 2% to pay promptly for workers eligible to enjoy the mode specified in section 1 and section 2 of chapter III of this law and make every settlement with social insurance institutions;
b) 1% to fund workers ' compensation, occupational diseases;
c) 11% in retirement and death dog; from 2010 onwards, every two years additional 1% until reaching the closing level is 14%.
2. Monthly, employers who close on the general minimum wage for every worker in VND account 1 article 2 of this law are as follows: a) 1% to fund workers ' compensation, occupational diseases;
b) 16% in retirement and death dog; from 2010 onwards, every two years additional 2% until reaching the closing level was 22%.
3. The employers in the business of agriculture, forestry, fisheries, match industry pay wages according to production cycles, the business, the monthly closing level as prescribed in paragraph 1 of this article; the close method is done monthly, or every six months.
Article 93. Pause close to retirement and death dog 1. In the case of the employers difficult to halt production, business or having difficulties due to natural disasters, crop failures led to the workers and the employers do not have the ability to close to retirement and death, the dog paused close in time not to exceed twelve months.
2. The Government of the specified conditions, the pause period is closed and the authority decides to pause.
Article 94. Salary, wages, compulsory social insurance 1. Workers subject to make salary mode due to State regulation, the salaries, social insurance is the salary scales, the rank of military ranks and positions allowances allowances beyond seniority, seniority allowance (if any). This salary is calculated on the basis of the general minimum wage.
2. for employees social insurance premiums according to the mode of salary by the employer decides the salary, wages, social insurance is the level of wages, the wages stated in the employment contract.
3. where the level of wages, the wages prescribed in clause 1 and clause 2 of this high more than twenty, the minimum wage, salary, wages, social insurance premiums by twenty, the general minimum wage.
Article 95. Cost of management 1. Management costs of compulsory social insurance yearly taken from money of lucrative investment from the Fund.
2. Management costs of compulsory social insurance by the level of the cost of management of State agencies.
Article 96. Investing principles investing activities from the social insurance fund to ensure safety, efficiency and recovered when needed.
Article 97. The form of investment 1. Buy bonds, bills, bonds of the State, of State commercial bank.
2. For commercial banks of State borrowing.
3. Investing in the construction of national key economic.
4. other investment forms due to government regulations.
Section 2 VOLUNTARY SOCIAL INSURANCE FUND Article 98. Sources of formation of the Fund 1. Closing workers as defined in Article 100 of this law.
2. Amount of lucrative investment from the Fund.
3. support of the State.
4. other sources of legitimate income.
Article 99. Use of funds 1. Pay the social insurance regime for workers under the provisions of chapter IV of this law.
2. medical insurance for people engaged in voluntary social insurance are entitled to the pension.
3. Management costs.
4. Invest to preserve and increase the Fund as defined in article 96 and article 97 of this law.
Article 100. The level of closing and closed method of workers 1. Monthly closing level by 16% of the income level of workers the choice of social insurance premiums; from 2010 onwards, every two years additional 2% until reaching the closing level was 22%.
Income level as a basis for the calculation of social insurance premiums are changed depending on the ability of workers in each period, but the lowest general minimum wage and the highest by twenty, the general minimum wage.
2. Workers are choosing one of the following close method: a) monthly;
b) every;
c) Six months.
Article 101. Cost of management 1. The cost management of voluntary social insurance yearly taken from money of lucrative investment from the Fund.

2. Management costs of voluntary social insurance by the level of the cost of management of State agencies.
Category 3 UNEMPLOYMENT INSURANCE FUND Article 102. Sources of formation of the Fund 1. Workers close by 1% salaries, wages, unemployment insurance premiums.
2. The employers close by 1% to fund salaries, wages, unemployment insurance premiums of the insured workers unemployed.
3. Monthly, supported from the State budget by 1% to fund salaries, wages, unemployment insurance premiums of the insured workers unemployed and one delivered each year.
4. Amount of lucrative investment from the Fund.
5. other sources of legitimate income.
Article 103. Use of funds 1. Pay unemployment benefits.
2. Support of apprenticeship.
3. Supports the search for jobs.
4. medical insurance for people entitled to unemployment benefits.
5. Management costs.
6. Invest to preserve and increase the Fund as defined in article 96 and article 97 of this law.
Article 104. Cost of management management costs for unemployment insurance by varying the cost of management of State agencies.
Article 105. Salary, wages, unemployment insurance wages, wages, unemployment insurance premiums are calculated as specified in article 94 of this law.
Chapter VII SOCIAL INSURANCE INSTITUTIONS Article 106. The social insurance organisation 1. The social insurance organization is organizing a career, having performed functions mode, social insurance policies, management and use of the social insurance funds according to provisions of this law.
2. Structure and tasks of the social insurance organisation due to government regulations.
Article 107. The Council of social insurance management 1. The Council of management of the social insurance established by the Government, is responsible for directing and monitoring the operation of the social insurance organization.
2. The Council of social security management include the Labor Department representative invalids and social, the Ministry of finance, Vietnam General Confederation of labour, the Chamber of Commerce and industry of Vietnam, the Vietnam Cooperative Alliance, the social insurance organization and some other members due to government regulations.
3. the Management Board of social insurance are the President, the Vice President and the Commissioners are appointed by the Prime Minister, resignation, resignation.
4. Regulations of work of the Council of management of the social insurance due to government regulations.
Article 108. The Mission of the Council of the social insurance management 1. Evaluation of the annual activity plan, oversee, inspect the implementation of the plan of social insurance institutions.
2. Decide the form of investment in social insurance fund as proposed by the social insurance institutions.
3. Recommendations to the competent State agencies of construction, modification, dietary supplements, policies and laws on social insurance, sector development strategies, perfecting the system of organization of social insurance organisation, management and use of the social insurance fund.
4. To recommend the appointment of the Prime Minister, dismissed, held the title of leader of the social insurance organization.
Chapter VIII PROCEDURE for IMPLEMENTING the SOCIAL INSURANCE Article 109. Social insurance book 1. The shared social insurance is granted for each worker to the track, enjoy the social security regime and is the basis for solving the social insurance regime under the provisions of this law. Sample social insurance due to the organisation of social insurance regulations.
2. The shared social insurance will be gradually replaced by electronic social security card in the process of applying information technology to management of social insurance. Government regulation implementation procedures, social security when using the electronic social security card.
Article 110. The record participation of social insurance 1. Profile join compulsory social insurance including: a) individual declarations of workers according to the template to social insurance organization rules;
b) list of insured workers the required social workers established by the user;
c) a copy of the decision to establish or business registration certificate or license works for employers who join the first social insurance; the labor contract for employers who are hiring, individual employers.
2. The records involved voluntary social insurance is a personal declaration form by social insurance regulations.
3. The records involved include unemployment insurance: a personal declaration form) due to the Organization of social insurance regulations;
b) list of workers joined the unemployment insurance by employers.
Article 111. Social insurance Book level 1. Within a period of thirty days from the date of concluding labor contracts, contract work or employment, employers who apply to join the Organization for social insurance social insurance as defined in paragraph 1 and paragraph 3 Article 110 of this law.
2. Employees applying to join the Organization for social insurance social insurance as defined in paragraph 2 of this Law 110.
3. the social insurance organization responsible for social insurance window level within a period of thirty days from the date of receiving documents for the participants of the obligatory social insurance and unemployment insurance; twenty days from the date of the valid profile of people involved in voluntary social insurance; no case to answer, in writing and stating the reason.
Article 112. Records entitled ailing mode 1. The shared social insurance.
2. sick leave certifications to outpatient treatment workers, hospital workers for inpatient treatment in a medical facility, the paper out of the Institute or the votes of consultations for the affected workers in the list of diseases that need treatment.
3. confirmation of the employers regarding working conditions for workers making trades or heavy-duty, toxic, dangerous; working regularly in regional allowance where the coefficient from 0.7 and above.
4. Confirmation of the employer about the time off work to care for his ailing son, accompanied by her children's consultation paper for the employee to take care of the sick.
5. The list of the sick and the people to take care of sick workers established by the user.
Article 113. The record enjoyed maternity mode 1. The shared social insurance.
2. Copy of birth certificate or a copy of your birth certificate or death certificate in the case of after childbirth that the dead or dying mother.
The case of female workers visit the pregnancy, miscarriage, pregnancy, smoking or curettage stillbirths, workers make the contraceptive must have the certificate of the competent health facilities; adopter under four months of age must be certified in accordance with the law.
3. confirmation of the employers regarding working conditions for workers making trades or heavy-duty, toxic, dangerous; work in three modes; working regularly in regional allowance where the coefficient from 0.7 upwards or the confirmation of the employer for female workers as disabled people.
4. The list of persons entitled to maternity by employers.
Article 114. Enjoy profiles workers ' compensation mode 1. The shared social insurance.
2. Minutes of labor accident investigation, traffic accident cases were identified as workers ' compensation, they must have more copies of minutes of traffic accidents.
3. discharge Certificate after workers ' compensation treatment.
4. The minutes of the Executive level of the labour potential of the Board of medical examiners.
5. the proposed text addressed workers ' compensation regime.
Article 115. Records entitled occupational disease mode 1. The shared social insurance.

2. Minutes of the environmental measurements have toxic elements, case records defined for many people, the record of each worker has a cite.
3. The paper discharge after treatment of occupational diseases, the case is not treated in the hospital, they must have the professional consultation paper.
4. The minutes of the Executive level of the labour potential of the Board of medical examiners.
5. proposed resolution text mode of occupational diseases.
Article 116. Profile support strength, recuperation 1. List of people who have enjoyed the ailing regime, maternity, accidents, occupational disease that health is also weak due to the employers.
2. proposed text resolved support, strength, recuperation.
Article 117. Solve the ailing regime enjoyed maternity allowances, strength, recuperation after sickness, pregnancy 1. Within three working days from the date of receiving enough valid relevant papers from labourer to the provisions in Article 112 Article 113 of this Law, and the employer has the responsibility to resolve the ailing regime, thai products for workers.
2. Every employer who is responsible for the filing of those workers already settled mode of sickness, maternity, grants strength, recuperation for social insurance organizations as specified in articles 112, 113 and 116 of this Act.
3. social insurance organizations are responsible for payment within fifteen days from the date of the valid profile; case of non-settlement must then respond in writing and stating the reason.
Article 118. Enjoy solving the mode industrial accident, occupational disease, grant strength recuperation, after the treatment of labor accidents, occupational diseases 1. Employers who apply for social insurance organizations as specified in articles 114, 115 and 116 of this Act.
2. social insurance organizations are responsible to solve within a period of fifteen days from the date of the valid profile; the case does not settle, they must respond in writing and stating the reason.
Article 119. Profile enjoy pensions for people taking compulsory social insurance 1. The shared social insurance.
2. Decide on the holiday for the people who are close to social insurance; suggested menu enjoy pensions for people who reserve the time social insurance premiums.
3. The minutes of the Executive level of the labour potential of the Board of medical examiners for persons retired under the provisions of article 51 of this law.
Article 120. Social insurance record per participant for compulsory social insurance 1. The shared social insurance.
2. the decision in the case stipulated in Article 55 paragraph 1 point a; serving decision, discharge, retrenchment in the case prescribed in clause 2 Article 55 of this law.
3. The minutes of the Executive level of the labour potential of the Board of medical examiners in cases specified in point b of paragraph 1 to article 55 of this law.
4. Copy papers settled abroad in the cases specified in Article 55 paragraph 1 d of this law.
5. Application of the employee in the case provided for in point c paragraph 1 Article 55 of this law.
Article 121. Enjoy electronic productivity mode profile for participants compulsory social insurance 1. Enjoy electronic productivity mode profile for people who are social insurance and reserve the time social insurance premiums include: a) the shared social insurance;
b) death certificate, death certificate or the decision of the Court of claims is dead;
c) declarations of the relative form due to the organisation of social insurance regulations;
d) report on the investigation of workers ' compensation, medical treatment occupational diseases in case of death due to accidents, occupational disease.
2. The record of productivity and electronic mode to enjoy the people who are entitled to pensions, workers ' compensation assistance, occupational diseases, with the constant deterioration of labor from 61% to come up include: a) death certificate, death certificate or the decision of the Court of claims is dead;
b) declarations of the relative form due to the organisation of social insurance regulations.
Article 122. Enjoy solving the pension, social insurance, electronic dog mode for participants compulsory social insurance 1. Employers who apply for social insurance organization as defined in article 119, 120 and 121 of this Act Article paragraph 1.
2. The worker is no longer labor relations shall directly apply for social insurance organization as defined in article 119 and article 120 of this Act.
3. the relatives of the person who is entitled to a pension, workers ' compensation assistance, occupational diseases, with the constant deterioration of labor from 61% or over applying for social insurance organization as defined in paragraph 2 of this Law 121 Thing.
4. social insurance organizations are responsible to solve within a period of thirty days from the date of receiving documents for those who enjoy pensions; fifteen days from the date of receiving documents for social insurance cases, electronic dog mode; the case does not settle, they must respond in writing and stating the reason.
Article 123. Profile enjoy social insurance, pensions, productivity and e regime for participants of voluntary social insurance 1. Profile enjoy social insurance pensions, once included: a) the shared social insurance;
b) personal declaration form by social insurance regulations.
2. electronic mode to enjoy record productivity include: a) the shared social insurance for people who are close to social insurance;
b) death certificate, death certificate or the decision of the Court of claims is dead;
c) declarations of the relative form due to the organisation of social insurance regulations.
Article 124. Resolve to enjoy retirement mode, electronic dog mode for participants of voluntary social insurance 1. Workers applying for social insurance organizations as specified in paragraph 1 to article 123, relatives of people who are entitled to pensions apply as specified in clause 2 Article 123 of this law.
2. social insurance organizations are responsible to solve within twenty days from the date of receiving documents for those who enjoy pensions; ten days from the date of receiving documents for social insurance cases, electronic dog mode; the case does not settle, they must respond in writing and stating the reason.
Article 125. Unemployment insurance records 1. Application form unemployment insurance due to the organisation of social insurance regulations.
2. A copy of the labor contract, contract of work agreement expires or terminates the labor contract, the work contract or confirmation of the last units before unemployment on the unilateral termination of labor contract, contract work law.
Article 126. Solving unemployment insurance 1. Workers applying for social insurance organization as defined in article 125 of this Act.
2. social insurance organizations are responsible to solve within twenty days from the date of the valid profile; the case does not settle, they must respond in writing and stating the reason.
Article 127. Profile enjoy pensions, social insurance subsidies for people who finished Executive imprisonment sentence 1. For people not yet entitled to a pension, social insurance allowances, records include: a) the shared social insurance;
b) copy of certificate of finished Executive imprisonment sentence;
c) form of social insurance.
2. for who enjoy pensions, social insurance subsidies, the profile includes: a) a copy of the certificate of compliance is complete penalty;
b) petition to enjoy social insurance marketing.

Article 128. Resolve to enjoy social insurance pensions, once for the complete Executive imprisonment sentence 1. Workers applying for social insurance organization according to the provisions of article 127 of this law.
2. social insurance organizations are responsible to resolve within thirty days from receipt of valid records; the case does not settle, they must respond in writing and stating the reason.
Article 129. Move where to enjoy pensions, social insurance subsidies When people are entitled to pensions, grants monthly social insurance transfers to other accommodation in the country that would like to enjoy social insurance in the new place, they must have sent the social insurance institutions where are entitled.
Social insurance organizations are responsible to solve within five days from the date of the application; the case does not settle, they must respond in writing and stating the reason.
Chapter IX COMPLAINTS, accusations ABOUT the SOCIAL INSURANCE Thing 130. Complaints about social insurance 1. The employees, who are entitled to pensions, the social insurance pension monthly, who reserve the time social insurance premiums and others have the right to appeal the decision, the behavior of the employers, social insurance institutions when there are bases for that decision, acts that violate the law on social insurance , infringe the legitimate rights and interests.
2. The employer has the right to appeal the decision, the behavior of social insurance institutions when there are bases for that decision, acts that violate the law on social insurance, infringe the legitimate rights and interests.
Article 131. Authority, order and complaint resolution procedures 1. The resolution of complaints against administrative decisions, administrative acts of social insurance are made according to the provisions of the law on complaints and denunciation.
2. The resolution of complaints against decisions, acts on social insurance in the case prescribed in clause 1 of this article shall be as follows: a) Who had the authority to resolve complaints about social security first is decided, the social insurance acts complained of.
In the case of people who have decided, the social insurance acts complained of no longer exists, the State administration of labour district level have jurisdiction;
b) in the case of the complainant does not agree with the decision to settle a complaint the first time or too prescribed time limit that the complaint is not resolved then has the right to sue in the courts or complain to the State agency about labor;
c) in the case of the complainant does not agree with the decision to settle complaints by State regulators about provincial or labor too prescribed time limit that the complaint is not resolved then has the right to sue in the courts;
d) time limits complaints, the time limit for complaint resolution is applied according to the provisions of the law on complaints and denunciation.
Article 132. Accusations, accusations about solving social insurance The denunciation and resolution to denounce the violation of social insurance legislation is made according to the provisions of the law on complaints and denunciation.
Chapter X REWARDED and HANDLE breach of article 133. Merit 1. The Agency, organization, individual achievement in the implementation of this law or detect violation of laws on social insurance was rewarded in accordance with the law.
2. employers Who make good work of labor protection, prevention of labor accidents, occupational diseases are rewarded from the workers ' compensation insurance fund, occupational diseases as stipulated by the Government.
Article 134. The violations of the law on social insurance 1. Not close.
2. Close the incorrect time.
3. Close the not properly regulated.
4. close not enough people participating in social insurance.
Article 135. The violations of the law on the procedure of implementing the social insurance 1. Deliberately cause difficulties or impede the enjoyment of social security regimes of workers.
2. Non-social insurance book or don't pay social insurance book for workers under the provisions of this law.
Article 136. The violations of the law on the use of funds and social insurance fund closed 1. Use the money to close the social insurance fund and the rules of law.
2. The report untrue, false information, providing data, pay and social insurance funds.
Article 137. The violations of the law on establishment to enjoy social insurance mode 1. Fraud, forgery of records.
2. Certification, the assessment is incorrect.
Article 138. Handle violation 1. Agencies, organizations that violations of law in articles 134, 135, 136 and 137 of this law, depending on the nature and extent of the violation that sanctioned administrative offense; If the damage is compensated according to the provisions of the law.
2. Individual legal acts specified in articles 134, 135, 136 and 137 of this law, depending on the nature and extent of the violation that sanctioned administrative offense, disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
3. The use of labor law violations specified in article 134 of this Act from the thirty day over, in addition to the amount not yet closed, slowly closed and dealt with according to the provisions of the law, also must close the interest amount is not yet closed, slowly close the according to the interest rate of the investment activity from the social insurance fund of the year.
In cases where the employers do not make the provisions of this paragraph shall at the request of the competent handling of administrative violations, banks, other credit institutions, the State Treasury is responsible to extract money from the deposit account of the employer to pay the amount not yet closed slow, close and interest of this money.
Chapter XI ENFORCEMENT PROVISIONS Article 139. Transitional provisions 1. The provisions of this law are applicable to people who have joined the social insurance from before this law is in effect.
2. Who is entitled to a pension, the pension takes labor, labor accidents, occupational disease, money monthly productivity and the suspension of social insurance law infringement before the date this law is in effect, then, still follow the previous rules and adjusted the levels enjoyed in accordance with the law.
3. Who is entitled to a pension, the pension takes labor, labor accidents, occupational diseases, constant before this law is in effect, the death be applied electronic productivity regime prescribed in this law.
4. Workers have the time to work in the public sector before 1 January 1995 if not receive retrenchment or grants, grants discharge, serving time, then that counts as time has social insurance premiums.
5. Each year, the State shifted from a budget expenditure on compulsory social insurance fund to ensure adequate pensions, pay social insurance subsidies for those who enjoy pensions, social insurance subsidies before 1 January 1995; social insurance premiums for working time before 1 January 1995 with regard to the provisions of paragraph 4 of this Article.
6. The time workers unemployment insurance premiums under the provisions of this law are not counted to support job loss or retrenchment under the provisions of the labour legislation, the law on public officials.
Article 140. Effect 1. This Act has effect from January 1, 2007; particularly for voluntary social insurance from January 1, 2008, for unemployment insurance from January 1, 2009.

2. The provisions of this Law are left to the previously abolished.
Article 141. Government enforcement guide detailing and guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam, POKER course session 9 through October 6, 2006.