Assembly of some articles of the law on social insurance compulsory social insurance _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on social security of 29 June 2006;
Considering the recommendation of the Minister of labor, invalids and Social Affairs.
 
DECREE: chapter I GENERAL PROVISIONS article 1. This decree to guide a number of articles of the law on social insurance compulsory social insurance for officers, public servants and workers in Vietnam working under employment contract.
Article 2. Employees participate in compulsory social insurance provisions in the Decree include: 1. Public servants in accordance with the law on public officials.
2. Employees working under employment contract does not specify the duration, employment contract term from 3 months enough back-up under the provisions of the labour legislation, including managers, employees working in cooperatives, cooperative Nations enjoy the wages under employment contracts from November upwards enough.
3. The worker's defense workers, public safety workers employed in enterprises in the armed forces.
4. Workers who have joined the social insurance compulsory social insurance which has once before going to work overseas has a time limit prescribed by the law of Vietnam laborers to work abroad under the contract, including the following contract types : a) the contract with the Organization in his career, allowed business activity services sending laborers to work abroad, the enterprise sending laborers to work abroad in the form of internships, workers and enterprises investing abroad has taken laborers to work abroad;
b) contract with Vietnam business bidding, Contracting, overseas work;
c) individual contracts.
The objects defined in this Thing called workers.
Article 3. Employers who participate in compulsory social insurance provisions of this Decree, including: 1. The business establishment, operating under the enterprise law, including enterprises in the armed forces.
2. State agencies, the State's business units.
3. Political Organization, social-political organizations, social-political organizations, social organizations career-career, other social organizations.
4. Organization, operational units under the provisions of the law.
5. Cooperative, the cooperative established Nations, operate according to cooperative Law.
6. individual business households, group collaboration, other organizations and individuals have the hiring, use and pay for workers.
7. Agencies, organizations, individuals, international organizations active on the territory of Vietnam have employers who Vietnam, unless the international treaties to which the Socialist Republic of Vietnam signed or otherwise.
Article 4. The mode of social insurance provisions in the Decree include: 1. Illness.
2. Maternity.
3. labour accidents, occupational disease.
4. Retirement.
5. Prince of productivity.
The labor provisions in the points a, c paragraph 4 to article 2 of this decree only make retirement mode and productivity.
Article 5. State administration of social insurance under article 8 social insurance law are defined as follows: 1. the unified Government governance on social insurance, construction, direction and implementation of the legal text, mode, social insurance policy.
2. The Ministry of labour, invalids and social responsibility before the Government implement state management on social insurance, including: a) presiding, in cooperation with the ministries, agencies, research organizations, build the competent State agencies issued or issued under the authority of the legal texts on social insurance;
b) presiding, in cooperation with the ministries to perform statistics, information; advocacy, dissemination, policy regimes, the law on social insurance;
c) examined the implementation of the provisions of the law on social insurance;
d) perform the function of specialized inspection of social insurance;
DD) made international cooperation in the field of social insurance under the provisions of the law;
e) training institutions, training in social insurance;
g) annual report of the Prime Minister on the implementation of social insurance.
3. Ministries, ministerial agencies, government agencies in the scope of the tasks, powers made the governance of social insurance, including: a) in collaboration with the Ministry of labor, invalids and Social Affairs and the ministries concerned in the formulation of laws and policies related to social insurance;
b) track, test mode implementation, policy, social insurance legislation in the jurisdiction;
c) make reports to the competent authority in the scope of powers of State management of social insurance.
4. the people's committees of provinces and cities under central State management implementation of social insurance in the local scope. The Department of labor, invalids and Social Affairs has the responsibility to help the province people's Committee, the city performs management functions of State social insurance, including: a) track, implementing the social insurance legislation;
b) chaired or coordinated with relevant agencies inspection, inspection of the implementation of the regime, the social insurance policy;
c) recommendations to the ministries concerned to resolve the problem of the social insurance authority;
d) annually submit a report the Ministry of labor, invalids and Social Affairs on the implementation of the law on social insurance.
Article 6. Social insurance inspectors under article 10 social insurance law are defined as follows: 1. The inspection of labour, invalids and Social Affairs perform inspection of social insurance specialist has the following duties: a) the inspection of the implementation of the regime, policies, social insurance legislation;
b) inspectors about its formation, management and use of the social insurance fund;
c) verify, conclusions, and recommendations the complaints, accusations about social insurance in accordance with the law;
d) sanctions under the authority of the violations of the law on social insurance; recommendations the Agency handled violated the law on social insurance;
DD) instructions, professional training specialist Inspector of social insurance.
2. specialized inspection object of social insurance including: a) the employers as defined in article 3 of this Decree;
b) workers as defined in article 2 of this Decree;
c) social insurance organization levels;
d) organizations and individuals related to the implementation of the law on social insurance.
Article 7. The acts prohibited under article 14 social insurance Law are defined as follows: 1. social insurance: a) Not social insurance premiums;
b improperly prescribing levels);
c improperly) closing time specified;
d) Close not enough people participating in social insurance.
2. Fraud, fake profile in implementing the social insurance, including: a) false declaration or correction, erasing falsify the content related to the closing, enjoy social insurance;
b) forged the text to put on the record the social insurance;
c) false certification regulations to make social insurance base.
3. use of the social insurance fund misuse, wrong policy, mode.
4. Troubling, obstacles, do damage to the legitimate rights and interests of the workers, the employers, including: a) intentionally difficult, impede, slow closing, enjoy social insurance regimes of workers;
b) does not grant social insurance book or don't pay social insurance book for workers under the rules.

5. The report untrue, false information, provide data on social insurance.
Chapter II the SOCIAL INSURANCE Category MODE 1 AILING REGIME article 8. The object specified in the paragraph 1, 2, 3 and point b paragraph 4 to article 2 of this Decree shall be entitled to sickness mode when: 1. Be 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 9. Time to enjoy the ailing regime under article 23 Social Security Law are defined as follows: 1. the maximum time to enjoy his ailing regime in a year specified in paragraph 1 to article 23 Social Security Law are in working days except holidays, Tet holiday, working according to the rules. This time is calculated from January 1 to December 31 of the calendar year, regardless of the time began to join the social insurance of employees.
2. the maximum time to enjoy his ailing regime in the year of the workers work in normal conditions, or heavy-duty, toxic, dangerous or working regularly in where the allowance area coefficient of 0.7 or above are specified in clause 1 Article 23 Social Insurance Law.
Directory of occupations, especially heavy, toxic, dangerous and heavy, toxic, danger due to the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued.
The category where 0.7 coefficient area allowance upwards because of the Ministry of Interior, Ministry of labor, invalids and Social Affairs, the Ministry of finance and the peoples Committee issued.
Article 10. Enjoy time mode when the sick under social insurance Laws article 24 shall be as follows: 1. the maximum time to enjoy mode when the sickness is in 1 year for each animal is calculated as prescribed in clause 1 article 9 of this Decree and depending on the number of days off work to care for your , a maximum of 20 working days if the child under 3 years of age; a maximum of 15 working days if the children from 3 years old enough to under 7 years.
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 11. The level of salaries, remuneration and social insurance premiums as a basis for calculating the enjoyment of ailing regime according to clause 1 and clause 2 article 25 the social insurance Law is regulated as follows: 1. The level of salaries, remuneration and social insurance premiums as a basis for calculating the enjoyment of ailing regime's salary the wages, social insurance premiums of the adjacent holiday before the month enjoy the ailing regime.
2. where the workers enjoy the ailing regime in early months of joining social insurance, salaries, remuneration and social insurance premiums as a basis for calculating the enjoyment of ailing regime is salary, remuneration and social insurance, own it.
Article 12. Strength, recuperation after sickness under article 26 of the law of social insurance are specified as follows: 1. the following time workers enjoyed sickness mode according to the provisions of article 23 of the law on social insurance that is still health relaxation, recuperation.
2. vacation time, health recovery in a year including holidays, Tet holiday, the day of rest every week, the day go on and on if stay focused basis. Number of days of relaxation, recuperation by the employers and Trade Union Committee of the facility or the provisional Trade Union Committee of the decision, namely: a) up to 10 days for health workers remains weak after illness caused by infected need lengthy treatment;
b) up to 7 days for health workers remains weak after surgery due to illness;
c) By 5 business days for other cases.
3. The level of enjoyment of strength, a recuperation day: a) by 25% of the minimum wage, if generic, convalescence rehabilitation in the family;
b) by 40% of the general minimum wage if the convalescence, rehabilitation at the facility level, enjoy this money, money and food in. Category 2 MATERNITY article 13. The object to apply maternity as employees specified in the paragraph 1, 2, 3 and point b paragraph 4 to article 2 of this Decree.
Article 14. Eligibility maternity mode according to item 2 Article 28 Social Insurance Law are defined as follows: 1. Women bear children and employees receive adoption under 4 months old are social insurance from six months upwards enough during the 12 months before the child's birth or adoption.
2. in case of employees eligible for the provisions of paragraph 1 of this article the holiday before the time of child birth or adoption under 4 months of age shall still be entitled to maternity as defined in articles 31, 32, 34 and 35 of Law Article paragraph 1 social insurance.
Article 15. Time to enjoy maternity childbirth according to article 31 social insurance law are defined as follows: 1. Time off work entitled modes of childbirth women depend on labor conditions, and physical condition of the child once born, namely: a) 4, If the job or jobs in normal labor conditions;
b) may, if the profession or heavy-duty, toxic, dangerous; working under mode 3 ca; working regularly in regional allowance where the coefficient from 0.7;
c) 6 months for labor is disabled people have reduced the ability of labour from 21% or over.
d) where born once from 2 children or more, beyond the time specified in point a, b, c of this paragraph, the computer from the second child onwards, every female workers more time off my 30 days.
2. in case of after childbirth, if you die the time off work to enjoy maternity of women workers as follows: a) The under 60 days of age die mother is 90 days from the date of childbirth;
b) son from 60 days and older die off the mother 30 days from the day you die.
The time specified in this clause does not exceed vacation time born the provisions in clause 1 of this article and are not calculated in the annual own vacation time under the provisions of the labour legislation.
3. where only the father or mother involved 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 4 months old.
Article 16. The average rate of salary, wages, social insurance premiums as a basis for calculating the enjoyment of maternity according to paragraph 1 Article 35 the social insurance Law is the average rate of salary, wages, social insurance premiums of the adjacent 6 months prior to the holiday.
Case workers social insurance premiums not yet enough for 6 months then the level entitled maternity pregnancy visit, when miscarriage, curettage, smoking or stillbirths, make contraceptive measures according to the provisions in articles 29, 30 and 33 the social insurance Law is the average rate of salary , public money, of the social insurance premiums were.
Article 17. Strength, recuperation after pregnancy according to paragraph 1 Article 37 Social Insurance Law are defined as follows: 1. women workers enjoy time mode when a miscarriage, curettage, non-pregnant or pregnant died saving the provisions of article 30 of the law on social insurance or after childbirth mode affects the provisions of article 31 of the law on social insurance that health still weak are vacation packages, restore health.

2. vacation time, health recovery in a year including holidays, Tet holiday, the day of rest every week, the day go on and on if stay focused basis. Number of days of relaxation, recuperation by the employers and Trade Union Committee of the facility or the provisional Trade Union Committee of the decision, namely: a) up to 10 days for female laborers born once from 2 children;
b) up to 7 days for female labor childbirth to surgery;
c) By 5 business days for other cases.
3. enjoy the strength Level, rehabilitation a day: a) by 25% of the minimum wage, if generic, convalescence rehabilitation in the family;
b) by 40% of the general minimum wage if the convalescence, rehabilitation at the facility level, enjoy this money, money and food in. Category 3 WORKERS ' COMPENSATION REGIMES, OCCUPATIONAL DISEASES Article 18. The object to apply the mode of labor accidents, occupational diseases are employees specified in the paragraph 1, 2, 3 and point b paragraph 4 to article 2 of this Decree.
Article 19. Eligibility workers ' compensation regime under paragraph 1 to article 39 and conditions affecting the regime occupational diseases according to paragraph 1 Article 40 social insurance Law are defined as follows: 1. The accident at the workplace and during working hours, including during breaks, eating between the ca preparation time, and finish the job.
2. An accident outside work or outside work when the performed the work at the request of the employer.
3. Accident on route to or from the place in to work in the period of time and reasonable route.
Within a reasonable time period is the period of time needed to get to work before working hours or after working hours. The logical route is regular routes to and from the place of permanent or temporary stay registration places to work and vice versa.
4. Sick list of occupational diseases at work in the environment or the profession have toxic elements. Directory of occupational disease by the Health Ministry and the Ministry of labor, invalids and Social Affairs.
Article 20. Assess the level of deterioration of labour under article 41 of law of social insurance are specified as follows: 1. Workers labor accident, occupational disease or been examiner examiners were back level when labor potential in one of the following cases: a) after injury , disease was stable treatment;
b) after injury, disease recurrence has been stable treatment.
2. Workers suffer accidents, occupational diseases are aggregate assessment levels 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 21. The subsidy once under article 42 social insurance Law are defined as follows: 1. impaired workers labor ability from 5% to 30% due to labor accidents, occupational diseases are entitled to subsidies.
2. once the voucher Level is calculated according to the following formula: a one-time allowance = allowance calculated according to the level of deterioration of labor + allowance calculated according to number of years complying a) allowance calculated according to the level of deterioration of labour as follows: 5% decline likely labour enjoyed 5, general minimum wage , then just add 1% decline then enjoy an additional 0.5, the general minimum wage.
b) allowance calculated according to number of years social insurance premiums were as follows: from 1 year it was calculated by 0.5 months, 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.
Article 22. Monthly allowance under article 43 the social insurance law is regulated as follows: 1. impaired workers labor ability from 31% over the labor accidents, occupational diseases are entitled to monthly subsidies.
2. monthly allowance Rates are calculated according to the formula as item 2 article 21 of this Decree, including: a) the level of subsidies calculated according to the level of deterioration of labour as follows: 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) allowance calculated according to number of years social insurance premiums were as follows: from 1 year back down 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 23. The support of labor accidents, occupational diseases, constant employment, be entitled to medical coverage by social insurance fund guarantees.
Article 24. Strength, recuperation after injury stabilization treatment, disease under article 48 social insurance law are defined as follows: 1. Employees after stability treatment injury due to accidents or illness caused by occupational disease that is still health health resort , recuperation.
2. vacation time, health recovery in a year including holidays, Tet holiday, the day of rest every week, the day go on and on if stay focused basis. Number of days of relaxation, recuperation by the employers and Trade Union Committee of the facility or the provisional Trade Union Committee of the decision, namely: a) up to 10 days for potential workers labor from 51% over the labor accidents occupational diseases;
b) up to 7 days for workers to labor ability decline from 31% to 50% due to labor accidents, occupational disease;
c) By 5 business days for workers to labor ability decline from 15% to 30% due to labor accidents, occupational disease.
3. enjoy the strength Level, rehabilitation a day: a) by 25% of the minimum wage, if generic, convalescence rehabilitation in the family;
b) by 40% of the general minimum wage if the convalescence, rehabilitation at the facility level, enjoy this money, food and money in RETIREMENT MODE section 4. Article 25. The object to apply the retirement mode is the workers specified in article 2 of this Decree.
Article 26. Pension eligibility under paragraph 1 to article 50 of the law on social insurance is regulated as follows: workers are entitled to a pension when the holiday in one of the following cases: 1. Female 60 years old enough female age 55 and have enough social insurance premiums for 20 years or more.
2. South from the age of 55 to 60 years old enough enough, women from the age of 50 to 55 years old enough and have enough social insurance premiums for 20 years or more in which there are enough 15 years worked either slog, toxic, dangerous or enough 15 years working at the regional level where the coefficient of 0.7 or above;
3. Workers from the age of 50 to 55 years old enough and have enough social insurance premiums for 20 years or more in which there are enough 15 years working in the coal pit mining;
4. The HIV/AIDS infection due to occupational risk accident and have enough social insurance premiums for 20 years or more.
Article 27. Eligibility of pensions when deterioration of labour under article 51 social insurance law are defined as follows: workers have enough social insurance premiums for 20 years or more, reducing the ability of labor from 61% back-up, enjoy pensions with the level lower than the level of pensions of people eligible for the provisions of article 26 of this Decree in one of the following cases: 1. Men 50 years and older, female 45 years;
2. Get enough 15 years or over worked or work particularly heavy, toxic, dangerous, no matter the age.

Article 28. The level of monthly pensions according to article 52 and the subsidy once when retiring under article 54 social insurance Law are defined as follows: 1. the eligible workers entitled to a pension under the provisions of article 26 of this Decree, the monthly pension is calculated by 45% of the average salary , the wages, social insurance premiums provided for in article 31 of this Decree corresponds to the social insurance premiums for 15 years, then just add each year to social insurance, the additional 2% for males and 3% for females; maximum level by 75%.
2. eligible workers specified in article 27 of this Decree, the monthly pension is calculated according to the provisions in clause 1 of this article, then for every year of retirement before the age prescribed in paragraph 1, paragraph 2 Article 26 of this Decree, the pension level is decreased by 1%.
3. the lowest level of monthly pension by the general minimum wage.
4. one-time allowance was calculated according to the number of years social insurance premiums since the 31st year onwards for men and the 26th year onwards for females. Every year the social insurance premiums are calculated by 0.5, the average rate of salary, wages, social insurance premiums.
5. When calculating monthly retirement salary and pension once retirement provisions in paragraphs 1, 2 and 4 of this Article if the social insurance period there, travelers under 3 months are not counted; from 3 months to 6 months enough compute is half a year; from over 6 months to 12 months is a year round.
Article 29. Pensions are adjusted on the basis of the increase of price index of living and economic growth. The level adjust each period by the Ministry of labor, invalids and Social Affairs, in collaboration with the Ministry of finance, the research process of government regulation.
Article 30. The conditions and the level of social insurance once for people not eligible entitled to pensions under Article 55 paragraph 1 and the level of social insurance according to article 56 once social insurance law are defined as follows: 1. social insurance conditions once when in one of the following circumstances : a) old enough to enjoy a pension under the provisions of article 26 of this Decree, which has not enough 20 years of social insurance premiums;
b) deterioration of labor from 61% over that not enough 20 years of social insurance premiums;
c) after 12 months of employment if not further social insurance premiums and have asked to receive social insurance once that not enough 20 years of social insurance premiums;
d) outward to the settlement.
2. Social Insurance Rates 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.
3. When calculating the level of social insurance, if the social insurance period there, travelers shall be calculated as specified in paragraph 5 to article 28 of this Decree.
Article 31. The average rate of salary, wages, social insurance premiums for the calculation of pensions, subsidies once for workers under article 58, 59 and 60 social insurance Law are defined as follows: 1. for workers participating in social insurance before 1 January 1995 : a) 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 calculation of the salary, social insurance premiums of 5 last year before retiring.
b) 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.
c) workers just have time for social insurance premiums 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 the social insurance premiums under a salary by State regulation, the calculation of the average salary, social insurance as defined in point a of this paragraph. The case is not yet enough for 5 years, the average salary calculation, of the closed month social insurance.
2. for workers participating in social insurance from 1 January 1995 to 1 January 2007: a) 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:-participation in social insurance during the period from 1 January 1995 to 31 December 2000, the calculation of average salary, social insurance of 6 final year before retirement;
-Join the social insurance in the period from January 1, 2001 to December 31, 2006, the computer of average salary, social insurance premiums by 8 last year before retiring.
b) 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;
c) workers just have time for social insurance premiums 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 the social insurance premiums according to the mode of salary by State regulation, the calculation of the average salary, social insurance as defined in point a of this paragraph. Cases not sufficient number of years specified in point a of this paragraph shall calculate the average salary for the month of the month social insurance have closed.
3. for workers participating in social insurance from January 2007 onwards: 01tháng a) 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 of 10 last year before retirement;
b) 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;
c) workers have just had social insurance period according to the mode specified by the State salary, social insurance period under the regime of salary due to the employers decided to then calculate the average salary, wages, social insurance premiums of the time. In that time the social insurance premiums according to the mode specified by the State, then the average salary calculation of closed social insurance as defined in point a of this paragraph. Not enough cases for 10 years, the average salary calculation, of the closed month social insurance.
Article 32. Adjustable wages, the wages have social insurance premiums according to item 2 Article 61 social insurance Law are defined as follows: salaries, wages, social security has closed to make the average calculation bases salaries, wages, social insurance for workers under wage mode because the employer decides shall be adjusted on the basis of living price index of each period.
The level adjust each period by the Ministry of labor, invalids and Social Affairs, in collaboration with the Ministry of finance, the research process of government regulation.
Article 33. Pause to enjoy pensions, grants monthly social insurance under article 62 of law social insurance is regulated as follows:

1. Workers are entitled to pensions, social insurance allowances monthly pension paid paused, grants monthly social insurance when in one of the following cases: a) penalty of jail but are not entitled to probation;
b) unauthorized exit;
c) courts declared as missing.
2. Pensions, grants monthly social insurance are made when people suffer imprisonment has done Executive imprisonment sentence or when the Court declared as missing return or exit return to legal settlement.
Article 34. Monthly pension beneficiaries are entitled to medical coverage by social insurance fund guarantees.
Item 5 ELECTRONIC PRODUCTIVITY MODE Article 35. Funeral allowance according to paragraph 1 Article 63 Social Insurance Law are defined as follows: The following object when death men buried support buried by 10, the minimum wage in common: 1. Workers specified in article 2 of this Decree are social insurance premiums.
2. Employees are reserve the time social insurance premiums.
3. People who are entitled to pensions; workers ' compensation benefits, occupational diseases has monthly.
Article 36. The case of constant productivity allowance, according to the social insurance Law 64 is specified as follows: 1. The following object when death relative to the provisions in clause 2 of this monthly support: a) the employee has enough social insurance 15 years older but not yet entitled to social insurance;
b) who are entitled to pensions;
c) workers died from accidents, occupational illnesses (including death during the first treatment);
d) who are workers ' compensation benefits, 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 support monthly productivity include: a) The incomplete 15 years (including the offspring, legitimate adoption, illegitimate son is recognized by law, a child that when the husband dies the wife is pregnant); the eighteen years old if still in school; children from 15 years old enough if impaired ability to labor, from 81%;
b) Wife from 55 years old enough or the husband from 60 years of age; his wife under the age of 55, the husband under age 60 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 60 years enough for men, from age 55 or older enough 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 60 for men, under the age of 55 for women and impaired the ability of labor from 81% or over.
Relatives specified in point b, c, d of this paragraph are not income or monthly income but lower than the general minimum wage.
Article 37. Dog monthly allowance under article 65, Social Security Law are defined as follows: 1. The level of productivity and monthly allowances for each prescribed in clause 2 of this Decree 36 of 50% of the minimum wage.
The case had no relatives who directly cultivates the productivity and monthly allowance by 70% of the minimum wage.
2. The number of relative productivity and constant support, up to 4 people for 1 person die in the object prescribed in Article 36 paragraph 1 of this Decree.
The event from 2 people die over, relatives of those who are entitled to twice the levels of subsidy provided for in paragraph 1 of this article.
3. The time of relative productivity voucher every month, since March following January adjoining the object prescribed in clause 1 of this Decree 36 dead Thing.
Article 38. The cases support productivity and once under article 66 social insurance law are defined as follows: the object prescribed in article 35 of this Decree in one of the following cases when the death relatives support productivity once: 1. Dead person not subject to the provisions in Article 36 paragraph 1 of this Decree.
2. The dead subject to the provisions in clause 1 of this Decree 36 Things but had no relatives in an affected dog money monthly as specified in paragraph 2 to article 36 of this Decree.
Article 39. Once productivity allowance under article 67 social insurance law are defined as follows: 1. The level of productivity and support once for relative workers are close to social insurance or who are reserve the 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 rate of salary, wages, social insurance premiums.
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 the dead in 2 months enjoy the pension calculated by 48, pensions are entitled; If the death, then, just enjoy adding 1, pensions, the pension level decreased by 0.5, pensions are entitled; lowest level in 3 months of pension are entitled to before his death.
Article 40. Computer enjoying retirement mode and electronic productivity mode for the time voluntary social insurance premiums, and then close the compulsory social insurance under article 68 social insurance law are defined as follows: 1. The employee voluntary social insurance premiums, and then close the compulsory social insurance the time voluntary social insurance premiums be plus time social insurance period required for making the base computer enjoy retirement mode and electronic dog mode.
2. The Ministry of labour, invalids and Social Affairs how to calculate the average salary, wages, or the average income level, social insurance premiums for the employees specified in paragraph 1 of this article.
Chapter III the SOCIAL INSURANCE FUND 1 FUND FORMED SOURCE Article 41. Source of fund formation and constituent fund under article 88 and article 89 social insurance Law are defined as follows: 1. sickness and maternity Fund by employers close by 3% to fund salaries, remuneration and social insurance of employees.
2. workers ' Compensation Fund, occupational diseases by employers close by 1% to fund salaries, remuneration and social insurance of employees.
3. Retirement and death dog is formed from the following sources: a) social premiums of workers at the rate prescribed in article 42 of this Decree;
b) social premiums of the employer under the provisions of article 43 of this Decree;
c) funding was transferred from the State budget to the 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 for the employees clause 4 Article 139 social insurance Law.
4. Amount of lucrative investment from the Fund.
5. support of the State.
6. other legal revenues.
Section 2 EXTENT of CLOSE and the CLOSE METHOD Article 42. The level of closing and closed method of laborers according to Law 91 of social insurance are specified as follows: 1. Monthly, employees defined in clause 1, 2, 3 and point b paragraph 4 to article 2 of this Decree have social insurance premiums into pension funds and productivity are as follows : a) From January 2007 to December 2009 closing level by 5% of the salary, wages, social insurance premiums;
b) From January 2010 to December 2011 close rates by 6% of salary, wages, social insurance premiums;

c) From January 2012 to December 2013 closing levels by 7% of salary, wages, social insurance premiums;
d) From January 2014 onwards: closing levels by 8% of salary, wages, social insurance premiums.
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 employees specified in point a, point c of paragraph 4 to article 2 of this Decree shall be as follows: a monthly closing Levels) into retirement and productivity: e-From January 2007 to December 2009 closing level by 16% of the salary, wages, social insurance premiums of workers before going to work abroad;
-From January 2010 to December 2010 closing level in 18% of salary, wages, social insurance premiums of workers before going to work abroad;
-From January 2012 to December 2013 closing levels by 20% of salary, wages, social insurance premiums of workers before going to work abroad;
-From January 2014 onwards close rates by 22% of salary, wages, social insurance premiums of workers before going to work abroad.
b) method to close is made every 6 months or 12 months or once or close a trace of time stated in the contract giving workers go to work abroad. Business, career organization bringing laborers working in foreign currency lodging social insurance for workers and closed method registration with social insurance organizations or workers plays through the Agency, organization, unit in which the employees have joined social insurance or directly with the social insurance organizations of workers before going to work abroad.
Case workers are contract or a new contract right in the receiving country labour made social insurance premiums according to the method prescribed in this Article or submitted to the social insurance organization after about water.
43 things. The level of closing and closed method of the employer under paragraph 1 and paragraph 3 Article 92 social insurance Law are defined as follows: 1. Monthly, employers who close on fund salaries, wages, social insurance of employees specified in the paragraph 1 , 2, 3 and point b paragraph 4 to article 2 of this Decree as follows: a) the level of closing on maternity and sickness funds by 3%; in which the employers retained 2% to timely pay for workers eligible to enjoy the mode specified in section 1 and section 2 of chapter II of this Decree. Every employer who is responsible for paying social insurance organization as specified, in particular as follows: – where the settlement amount less than the amount that was withheld, then the residual difference number to return the social insurance fund into the following quarter.
-The case of the sum being greater than the amount of the settlement was to be retained, then the social insurance organization granted compensation of difference into the following quarter missing.
b) level close to fund workers ' compensation, occupational disease by 1%;
c) level close to retirement and productivity are as follows:-From January 2007 to December 2009 closing level in 11%;
-From January 2010 to December 2011 close rates by 12%;
-From January 2012 to December 2013 closing levels by 13%;
-From January 2014 onwards close rates by 14%.
2. Monthly, employers who played under the closed level prescribed in clause 1 of this article and excerpts from wages, the wages of workers under the closed level prescribed in clause 1 Article 42 of this Decree to close at once into the social insurance fund.
3. The employers in the business of agriculture, forestry, fisheries, match industry pay wages, remuneration 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 6 months on the basis of the employers registered with social insurance institutions.
Article 44. Pause close to retirement and productivity according to the social insurance Law 93 are defined as follows: 1. The case was closed: a pause) difficult to halt production, business;
b) having difficulties due to natural disasters, loss of the season.
2. eligibility: a) the employers in one of the cases specified in paragraph 1 of this article, be closed when there is a pause in the following conditions:-Not arranged employment for workers, in which the number of workers participating in the social insurance must temporarily from 50% of the total number of workers to be present before the pause in production , business;
-Loss on 50% of the total value of assets due to natural disaster, fire, disease, crop caused (not counting the value of the property is the land).
b the pause time) closed by month and not more than 12 months.
3. the authority to determine the pause close: a) the Prime Minister decided to pause for close economic institutions due to the Prime Minister formed as proposed by the Ministry of labor, invalids and Social Affairs;
b) Ministry of labor, invalids and Social Affairs decided to pause close to the employer by the ministries, the central management agencies of the ministries, central agencies;
c) State administration of provincial social insurance decision pause close to the employers in local management.
4. in the pause time closing in on retirement and productivity, employers who still plays on maternity and sickness fund, the workers ' compensation fund-occupational disease. Workers are entitled to the sickness, maternity, accidents, occupational disease as defined and resolved to enjoy retirement mode when eligible.
Article 45. Salary, wages, social insurance premiums required under article 94 social insurance Law are defined as follows: 1. Employees subject to make salary mode due to State regulation, the salaries, social insurance is the level of salary scales and allowances Office seniority allowance, beyond the frame, seniority allowance (if any).
This salary is calculated on the basis of the general minimum wage at the time of closing.
2. The employee 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. in case of salary, wages, prescribed in clause 1 and clause 2 of this Thing is higher than 20, the minimum wage, salary, wages, social insurance premiums by 20, the general minimum wage.
Section 3 USE and MANAGEMENT of SOCIAL INSURANCE FUND Article 46. Use of the social insurance fund required under article 90 of the law on social insurance was defined as follows: 1. To pay the social insurance regime for workers under the provisions of chapter II of this Decree, namely: a maternity and Sickness Fund) to pay ailing mode specified in section 1 and maternity provisions in section 2 of chapter II of this Decree;
b) workers ' Compensation Fund, occupational diseases pays workers ' compensation regimes, occupational disease specified in section 3 of chapter II of this Decree;
c) retirement and death dog charged retirement mode specified in item 4 and the electronic dog mode specified in section 5 of chapter II of this Decree.
2. medical insurance premiums from the Fund the following components:

a workers ' Compensation Fund), occupational diseases medical insurance premiums for people who break the support labor accidents, occupational diseases, constant;
b) retirement and death dog health insurance premiums for people who are entitled to pensions.
3. workers ' Compensation Fund, occupational disease spend reward employers who make good work of labor protection, prevention of labor accidents, occupational disease.
4. The cost of social insurance management.
5. Invest to preserve and increase the Fund as prescribed.
Article 47. Cost of management according to the law on social insurance, 95 are specified as follows: 1. Management costs of compulsory social insurance are deducted from proceeds of lucrative investment from the Fund.
2. Management costs of compulsory social insurance by the level of the cost of management of State agencies, including the following: a) often Genera;
b) irregular Expenditure, including:-do the shared social insurance, paperwork, forms, staff incomes and expenses;
-Major repair, procurement of fixed assets, scientific research, and fostering professional service.
Article 48.
1. Every year, the State budget enough time for the social insurance of Vietnam account funding to implement the policy, social insurance, health insurance for the subjects entitled to pensions, social insurance subsidies before July 1, 1995, include: a) pensions;
b) grants energy loss;
c) subsidize the labor accident, occupational disease; people served who suffer accidents, occupational disease; the page-level tools for the accident, labor occupational disease;
d) rubber workers support;
productivity and Money) and burial expenses;
e) medical insurance premiums according to the regime;
g) fees paid;
h) other expenses (if any).
2. social insurance for Vietnam to fulfill the rules of the estimating, estimation and allocation of funding under the provisions of the law on the State budget.
Article 49. Investment activity from the social insurance fund shall be as follows: 1. the social insurance of Vietnam is responsible for implementing measures to preserve and increase the social insurance fund from money temporarily idle. Investment activity from the social insurance fund to ensure safety, efficiency and recovered when needed.
2. The Council of the Vietnam social insurance management decided the investment according to the following form: a) Buy bonds, bills, bonds of the State, of State commercial bank;
b) For the State's commercial bank loans;
c) investment in the construction of national key economic area;
d) investments in a number of projects are in greater need of capital due to the Prime Minister to decide.
Article 50. The financial activity of social insurance fund subject to the check, the Inspector of the State Agency on financial and auditing of the State Audit Agency.
Chapter IV PROCEDURE for IMPLEMENTING the SOCIAL INSURANCE thing is 51. The shared social insurance according to article 109 social insurance law are defined as follows: 1. The shared social insurance social insurance by Vietnam.
2. the social insurance research Vietnam social insurance card to replace the shared social insurance.
Article 52. Window-level social insurance according to article 111 of law social insurance shall be as follows: 1. within 30 days from the date of concluding labor contracts, contract work or employment, the employer must apply to participate in the social insurance regulations in clause 1 Article 110 social insurance Law for the Organization of social insurance.
2. social insurance organizations receiving records, improve the content of the shared social insurance. Within 30 days from receipt of valid records of the employers, social insurance institutions have the responsibility to grant the shared social insurance for workers.
Case workers are not shared to social insurance, social insurance institutions must reply in writing and stating the reason.
Article 53. The record enjoyed maternity mode: 1. Records entitled maternity childbirth or adoption of workers labor relations are made according to the provisions of article 113 of social insurance Law.
2. Records entitled maternity childbirth or adoption of workers no longer labor relations include: a) the shared social insurance;
b) copy of birth certificate or a copy of your birth certificate or death certificate in the case of the children died after birth; adopter under 4 months of age must be certified in accordance with the law.
Article 54. Profile to enjoy social insurance regimes of workers provided for in Chapter 2 of this Decree shall be made as prescribed in articles 112, 113, 114, 115, 116, 119, 120, 121 and 127 social insurance Law.
Chapter V COMPLAINTS, accusations ABOUT the SOCIAL INSURANCE thing is 55. People complain about social insurance according to the law on social insurance 130 include: 1. Workers specified in article 2 of this Decree.
2. Who is entitled to the pension, social insurance pension monthly, who reserve the social insurance period, people pause to enjoy pensions, social insurance allowance, the monthly allowances dog once, people worry about death and other people have rights and interests relating to social insurance.
3. The employers as defined in article 3 of this Decree.
Article 56. Jurisdiction, the order procedure for resolving complaints about social insurance under item 2 Article 131 the social insurance Law are defined as follows: 1. The authority to resolve complaints about social insurance: a) the employers, the head of the Organization for social insurance of the responsibility to resolve complaints with respect to the first decision , the behavior of his social insurance complaints;
In case the employer has decided, the social insurance acts complained of no longer exists, the State administration of labour district level have a responsibility to solve.
b) Director of the Department of labor, invalids and Social Affairs has the authority to resolve complaints about social insurance to decide on complaints that the employers, the head of the social insurance organization has settled but the complainant did not consent or the prescribed time limit too that complaints not resolved and in the same time that the complainant not to sue in the courts.
2. Order, complaint procedures and complaints about social insurance first.
a) when decided, about social insurance acts contrary to law, infringe the rights, legitimate interests of themselves, the complainant sent to the person, organization has issued or has performed acts that;
b) upon receiving a complaint, the first, the Organization has decided or acts complained of having to consider accepting and resolve complaints;
c) time limits complaints, complaint procedures and time limit for complaint resolution was first prescribed by the law on complaints and denunciation.
3. The order, complaint procedures, complaints about social insurance times two.
a) in the case of the complainant does not agree with the decision to settle a complaint the first time or are too defined period that first complaint is not resolved, the complainant has the right to complain to the Director of the Department of labor, invalids and Social Affairs or to sue in the courts;
b) in the case of the complainant does not agree with the complaint resolution decision of the Director of the Department of labor, invalids and Social Affairs or overly prescribed time limit that the complaint is not resolved, the petitioner in the Court;
c) time limits complaints, complaint procedures and time limit for complaint resolution II implementation in accordance with the law on complaints and denunciation.
Chapter VI PROVISIONS Enacted 57.

1. This Decree shall be enforceable after 15 days from the date The report.
The provisions in this Decree was implemented from January 1, 2007.
2. This Decree replaces Decree No. 12/CP dated January 26, 1995 by the Government of issuing social insurance regulations, Decree No. 01/2003/ND-CP dated 10 January 2003 by the Government on the amendments added a number of articles of the Charter on social insurance attached to Decree No. 12/CP dated January 26, 1995 by the Government.
3. Abolition of Decree No. 61/2001/ND-CP DATED July 9, 2001 of the Government on the stipulated retirement age of workers in the coal pit mining; Regulation on compulsory social insurance in article 5 of Decree 117/2003/ND-CP on October 21, 2003 by the Government on the policy regime for public servants in communes, wards and towns.
4. Workers are entitled to business manager salaries, remuneration according to the provisions of the law on salaries, remuneration shall apply the provisions of this Decree.
Article 58.
1. 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 Decree is in effect still follow the previous rules and adjusted the levels enjoyed by government regulations.
2. Who is entitled to a pension, the pension takes labor, labor accidents, occupational diseases, constant before January 1, 2007, if death from January 2007 onwards, the applied electronic productivity mode specified in this Decree.
3. the girl child workers or workers receive adoption under 4 months of age before 1 January 2007, the accident, labor occupational disease treatment is complete, discharge before 1 January 2007 shall remain entitled to the prescribed regimen.
4. Employees have social insurance 15 years or over and have decided to wait for the eligible age to enjoy life on pension before 1 January 2003, shall be entitled to a pension when the South enough age 60, female age 55.
5. Employees reserve the time social insurance before 1 January 2007, the social insurance subsidies once when not eligible entitled to pensions are resolved according to the provisions of article 30 of this Decree.
6. dedicated officers leaving social service before 1 January 2007 which have enough social insurance premiums for 10 years or more, the maximum 5 years missing, the full retirement age and are manually closed the next monthly social insurance with monthly closing level by the total cost of the employees and the employers as salary, before stop position on retirement and productivity for the Organization of social insurance the residence until enough social insurance 15 years and 60 years for men, 55 year old enough for females to enjoy retirement mode.
7. The employee according to Decree No. 41/2002/ND-CP dated 11 April 2002 from the Government on the policy for workers redundant by reorganization of State enterprises before January 1, 2007, has enough social insurance 15 years or more, the maximum 5 years missing, the full retirement age and are manually closed the next monthly social insurance with monthly closing level by the total cost of the employees and the employers under the salary before the holiday into retirement and death dog for social insurance institutions the residence until enough time social insurance premiums and retirement age then enjoy retirement mode.
8. Wife (husband) in the times entitled Lady mode (husband) in the overseas Vietnam agency that had previously participated in compulsory social insurance the social insurance premiums during the period abroad under the monthly closing level specified in point a of paragraph 3 of this Decree 42 Things to enjoy retirement mode and productivity.
9. When determining conditions social insurance period to enjoy retirement mode, constant productivity month death a year must calculate enough 12 months. If there is a lack of social insurance period must not exceed 6 months, then the employee continues to be closed once the number of missing at month close monthly by total plays of the workers and the employers according to the level of salaries, wages, before the holiday into retirement and death dog.
Article 59.
1. Workers have time enough social insurance 15 years or more according to the salary level in the special heavy work, toxic, dangerous and heavy, toxic, danger in the salary scale, salary table by State regulations that transfer to other work or professional military personnel, officers of the people's army , business officers, officers of the technical expertise in the public security of the people who do the work as paid body for troops, police major people work at the agencies, organizations, units, enterprises subject made by salary mode of State regulation of social insurance premiums that have lower wages, the retirement is taken the level the highest salary of five adjacent work especially heavy, toxic, dangerous and heavy, toxic, dangerous or salary level, position, seniority allowance (if any) before moving the sector corresponding to the number of years specified in article 31 of this Decree in order to calculate the average wage as a basis for calculating a pension influence.
2. The employee social insurance premiums according to the mode specified by the State salaries, pensions regime enjoyed from January 2007 onwards, the total number of salaries, social insurance base pension, paid allowances calculated social insurance, on the basis of the salary and position allowance extra level, seniority (if any) before October 1, 2004 in the last 5 years before the adjusted coefficient of salary and allowances, the allowance position of seniority (if any) prescribed in resolution No. 757/2004/NQ-UBTVQHK11 on October 30, 2004 of the Standing Committee of the National Assembly , Decision No. 131/QD-TW on 14 December 2004 by the Secretariat of the Central Party, Decree No. 204/2004/ND-CP on December 14, 2004 and Decree No. 205/2004/ND-CP on December 14, 2004 of the Government.
Article 60.
1. The Ministry of labour, invalids and Social Affairs is responsible for guiding implementation of this Decree.
2. The Ministry of health is responsible for guiding the assessment of the level of potential employees.
Article 61. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.